(1)For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
(2)If an offence under section 21(1) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
(3)In subsection (2) 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 managed by its members, a member.
(4)Where an offence under section 21(1) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
(a)a partner, and
(b)a person purporting to act as a partner.
Commencement Information
I1S. 22 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))