Financial Guidance and Claims Act 2018

16 Offences under section 15 committed by bodies corporate etc U.K.

(1) If an offence under section 15 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer of the body, or

(b) to be attributable to any neglect on the part of such an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In subsection (1) “officer”, in relation to a body corporate, means—

(a) a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(b) an individual who is a controller of the body.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

(4) If an offence under section 15 committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of the partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In subsection (4) “partner” includes a person purporting to act as a partner.

(6) If an offence under section 15 committed by an unincorporated association other than a partnership is proved—

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) Proceedings for an offence under section 15 must be brought—

(a) where the offence is alleged to have been committed by a partnership, against the partnership in the firm name;

(b) where the offence is alleged to have been committed by any other type of unincorporated association, against the association in its own name.

(8) Rules of court relating to the service of documents have effect in relation to such proceedings as if the partnership or unincorporated association were a body corporate.

Commencement Information

I1 S. 16 in force at 1.10.2018 by S.I. 2018/1029, reg. 2(j)