39.— (1) A person commits an offence if he or she—

(a) has an interest in premises,

(b) is required in writing by or on behalf of a person proposing to acquire the interest to give information necessary to establish if the conveyance of that interest requires a consent under section 28 (1), and

(c) knowingly gives information that is false or misleading in any material particular.

(2) A person who commits an offence under subsection (1) is liable—

(a) on summary conviction, to F8[a class C fine] or to imprisonment for a term not exceeding 12 months, or to both, or

(b) on conviction on indictment, to imprisonment for a term not exceeding 5 years.