PART 3ENVIRONMENTAL REGULATION

CHAPTER 4MISCELLANEOUS

Offence relating to significant environmental harm

I142Corporate offending

1

Subsection (2) applies where—

a

an offence under section 40(1) or 41(7) is committed by a relevant organisation, and

b

the commission of the offence involves the connivance or consent, or is attributable to the neglect, of a responsible official of the relevant organisation.

2

The responsible official (as well as the relevant organisation) commits the offence.

3

In this section—

  • “a relevant organisation” means—

    1. a

      a company,

    2. b

      a limited liability partnership,

    3. c

      a partnership (other than a limited liability partnership), or

    4. d

      another body or association,

  • “a responsible official” means—

    1. a

      in the case of a company, a director, secretary, manager or similar officer of the company,

    2. b

      in the case of a limited liability partnership, a member of the partnership,

    3. c

      in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or

    4. d

      in the case of another body or association, a person who is concerned in the management or control of its affairs,

    and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.