341Offence committed by bodyE+W+S
(1)Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed—
(a)with the consent or connivance of an officer of the body, or
(b)as a result of the negligence of an officer of the body.
(2)The officer, as well as the body, shall be guilty of the offence.
(3)In subsection (1) a reference to an officer of a body includes a reference to—
(a)a director, manager or secretary,
(b)a person purporting to act as a director, manager or secretary, and
(c)if the affairs of the body are arranged by its members, a member.
(4)Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.
(5)Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner.
(6)In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate.
(7)The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.
Commencement Information
I1S. 341 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)
I2S. 341 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)