Part 18Miscellaneous and General
Miscellaneous
341Offence committed by body
1
Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed—
a
with the consent or connivance of an officer of the body, or
b
as a result of the negligence of an officer of the body.
2
The officer, as well as the body, shall be guilty of the offence.
3
In subsection (1) a reference to an officer of a body includes a reference to—
a
a director, manager or secretary,
b
a person purporting to act as a director, manager or secretary, and
c
if the affairs of the body are arranged by its members, a member.
4
Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.
5
Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner.
6
In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate.
7
The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.