Prospective
(1)This section applies where an offence under this Act is committed by—
(a)a body corporate;
(b)a partnership;
(c)an unincorporated body.
(2)If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—
(a)a senior officer of the body corporate or partnership or unincorporated body, or
(b)any person purporting to act in a capacity mentioned in paragraph (a),
that senior officer or person (as well as the body corporate, partnership or unincorporated body) is guilty of the offence and liable to be proceeded against and punished accordingly.
(3)In this section, “senior officer” means—
(a)in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;
(b)in relation to a partnership, a partner in the partnership;
(c)in relation to an unincorporated body—
(i)a member of the unincorporated body holding office as president, chair, treasurer, secretary or any similar office;
(ii)a member holding office as a member of a committee by which the affairs of the body are managed.
(4)In subsection (3)(a), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Commencement Information
I1S. 48 in force at 4.3.2030, see s. 61(2)(b)