Part 5

General

Individual culpability for offending by an organisation
98
1
Subsection (2) applies where—
a
an offence under this Act is committed by a relevant organisation, and
b
the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—
i
a responsible official of the organisation, or
ii
an individual purporting to act in the capacity of a responsible official.
2
The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.
3
“Relevant organisation” means—
a
a company,
b
a partnership (including a limited liability partnership),
c
another body or association.
4
“Responsible official” means—
a
in the case of a company—
i
a director, secretary, manager or similar officer, or
ii
where the affairs of the company are managed by its members, a member,
b
in the case of a limited liability partnership, a member,
c
in the case of a partnership other than a limited liability partnership, a partner,
d
in the case of another body or association, a person who is concerned in the management or control of its affairs.
S. 98 not in force at Royal Assent, see s. 103(3)