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(2) A financial institution guilty of an offence under subsection (1) is liable on summary con-
viction to a fine not exceeding level 5 on the standard scale.
(3) A financial institution is guilty of an offence if, in purported compliance with a customer
information order, it—
(a) makes a statement which it knows to be false or misleading in a material particular, or
(b) recklessly makes a statement which is false or misleading in a material particular.
(4) A financial institution guilty of an offence under subsection (3) is liable—
(a) on summary conviction, to a fine not exceeding the statutory maximum, or
(b) on conviction on indictment, to a fine.
40- Account information
(1) This section applies where the Lord Advocate receives a request from an authority menti-
oned in subsection (2) for account information to be obtained in relation to an investigation in a
participating country into criminal conduct.
(2) The authority referred to in subsection (1) is the authority in that country which appears
to the Lord Advocate to have the function of making requests of the kind to which this section
applies.
(3) The Lord Advocate may direct a procurator fiscal to apply for an account monitoring order.
(4) An account monitoring order is an order made by a sheriff that a financial institution spe-
cified in the application for the order must, for the period stated in the order, provide account
information of the description specified in the order to the applicant in the manner, and at or by
the time or times, stated in the order.
(5) Account information is information relating to an account or accounts held at the financial
institution specified in the application by the person so specified (whether solely or jointly with
another).
(6) An account monitoring order has effect in spite of any restriction on the disclosure of in-
formation (however imposed).
(7) Account information obtained in pursuance of an account monitoring order is to be given
to the Lord Advocate and sent by him to the authority which made the request.