Health and Safety at Work etc. Act 1974

37 Offences by bodies corporate.U.K.

(1)Where an offence under any of the relevant statutory provisions committed by a body corporate is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or a person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2)Where the affairs of a body corporate are managed by its members, the preceding subsection shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

Modifications etc. (not altering text)

C1S. 37 applied by S.I. 1989/840, arts. 2-10

S. 37 excluded (with saving) (E.W.S.) (1.12.1997) by S.I. 1997/1840, regs. 7, 9

S. 37 extended (E.W.S.) (1.10.1996) by S.I. 1996/1513, reg. 10

Ss. 18(6)(7)(b), 19-22, 23(1)(2)(5), 24-26, 33(1)(e)-(h)(o)(2)(2A)(3)(4)(e), 34(3)-(5), 35, 36(1)(2), 37-39, 42 applied (with modifications) (9.1.1995) by S.I. 1994/3260, reg. 17(3)(5)

S. 37: power to apply conferred (E.W.S.) (28.8.1995) by 1995 c. 15, ss. 2(4)(h), 5 (with s. 3(5))

Ss. 18-27, 33(1)(e)-(i)(n)(o)(2)-(4), 34(2)-(6), 36(1), 37-42, 46 applied (with modifications) (E.W.S.) (16.4.1996) by S.I. 1996/772, reg. 17

Ss. 16-26, 33-42, 47 applied (15.11.2000) by S.I. 2000/2831, reg. 26(1)(a)

C2S. 37 applied by S.I. 1990/556, reg. 5(2)

C3S. 37 applied (with modifications) (1.1.1993) by S.I. 1992/3073, reg. 28, Sch. 6 para. 1(c)

Ss. 36(1)(2), 37 applied (with modifications) (1.7.1997) by S.I. 1997/831, reg. 19(1)-(4), Sch. 15 para. 1(a)(c)

C4Ss. 35-39 modified (6.4.1992) by S.I. 1992/711, regs. 1(2), 28(3)(b)(5)(a)

C5Ss. 33-42 applied (with modifications) (1.4.1999) by S.I. 1999/743, reg. 20(1), (2)(3)

C6Ss. 33-42 applied (with modifications) (19.11.1999) by S.I. 1999/2892, reg. 16(1)

C7Ss. 1-59, 80-82 applied (11.7.2001) by S.I. 2001/2127, arts. 4(1), 5(1)(2), 6(1), 7(1), 8(1), 10 (with art. 11) (as amended by S.I. 2009/1750, art. 2(2)(4))

C8Ss. 33-42 applied (20.9.2001) by S.I. 2001/2975, reg. 19(d)

Ss. 33-42 applied (E.W.S.) (24.7.2002) by S.I. 2002/1689, reg. 14(1)(b)

Ss. 33-42 applied (16.5.2002) by S.I. 2002/1166, reg. 31 (with art. 37)

C9S. 37 applied (with modifications) (E.W.S.) (22.3.2003 for certain purposes and 22.9.2003 otherwise) by S.I. 2003/403, regs. 1(2), 23(2)(a)(3)

C10S. 37 applied (with modifications) (E.W.S.) (3.5.2004) by S.I. 2004/129, reg. 23(3)(e); s. 37 applied (with modifications) (E.W.S.) (9.6.2004) by S.I. 2004/1309, reg. 17; s. 37 applied (E.W.S.) (22.4.2005) by S.I. 2005/928, reg. 4(2)(3)(5)(6); ss. 37 applied (2.4.2006) by S.I. 2006/397, reg. 34(3)(d)

C11Ss. 37-41 applied (with modifications) (E.W.S.) (the amendment coming into force in accordance with art. 1(1) of the amending S.I.) by The Channel Tunnel (Safety) Order 2007 (S.I. 2007/3531), art. 4(2)(3)(h) (subject to (4)-(6)) (with art. 7)

C12Ss. 1-59, 80-82 applied (temp.) (5.8.2009) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) Order 2001 (S.I. 2001/2127), arts. 8A, 8B (as inserted by S.I. 2009/1750, art. 2(3))

C13Ss. 33-42 applied (with modifications) (E.W.) (12.8.2009 with application in accordance with reg. 3 of the amending S.I.) by The Major Accident Off-Site Emergency Plan (Management of Waste from Extractive Industries)(England and Wales) Regulations 2009 (S.I. 2009/1927), {reg. 9(1)}

C15Ss. 37-41 applied (with modifications) (E.W.S.) (6.4.2010) by The Train Driving Licences and Certificates Regulations 2010 (S.I. 2010/724), regs. 1(2), 38(2)(3)(g)

C16S. 37 applied (with modifications) (E.W.S.) (4.7.2010 for certain purposes and otherwise 4.7.2013) by The Pyrotechnic Articles (Safety) Regulations 2010 (S.I. 2010/1554), regs. 1, 18, 37(1), {Sch. 4 paras. 1, 2}

C17Ss. 1-59 applied by S.I. 2001/2127 art. 8A 8B (as inserted (E.W.S.) (6.4.2011) by The Health and Safety at Work etc. Act 1974 (Application outside Great Britain) (Variation) Order 2011 (S.I. 2011/745), arts. 1(1), 3(2))