Part 1The Care Quality Commission
Chapter 6Miscellaneous and General
Enforcement
91Offences by bodies corporate
1
This section applies where a Part 1 offence is committed by a body corporate.
2
If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of—
a
any director, manager or secretary of the body corporate, or
b
any person who was purporting to act in any such capacity,
that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
3
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
a
to any other similar officer of the body, and
b
where the body is an English NHS body or English local authority, to any officer or member of the NHS body or local authority.