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There are outstanding changes not yet made by the legislation.gov.uk editorial team to Corporate Manslaughter and Corporate Homicide Act 2007. Any changes that have already been made by the team appear in the content and are referenced with annotations.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
Commencement Orders bringing legislation that affects this Act into force:
(1)This section applies where—
(a)it is established that an organisation owed a relevant duty of care to a person, and
(b)it falls to the jury to decide whether there was a gross breach of that duty.
(2)The jury must consider whether the evidence shows that the organisation failed to comply with any health and safety legislation that relates to the alleged breach, and if so—
(a)how serious that failure was;
(b)how much of a risk of death it posed.
(3)The jury may also—
(a)consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it;
(b)have regard to any health and safety guidance that relates to the alleged breach.
(4)This section does not prevent the jury from having regard to any other matters they consider relevant.
(5)In this section “health and safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
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