Health Act 2006 (c. 28)

Part 7 U.K. Final provisions

Offences U.K.

76 Offences by bodies corporate etc. U.K.

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

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

(b) to be attributable to any neglect on his part,

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 the body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

(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 his functions of management as if he were a director of the body corporate.

(4) If an offence 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 his part,

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 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) In this section and section 77 “offence” means an offence under any provision of this Act.

Commencement Information

I1 S. 76 in force at 1.2.2007 for specified purposes for W. by S.I. 2007/204, art. 3(c)

I2 S. 76 in force at 2.4.2007 for specified purposes for W. by S.I. 2007/204, art. 2(c)

I3 S. 76 in force at 1.7.2007 for specified purposes for E. by S.I. 2007/1375, art. 2(b)

I4 S. 76 in force at 22.4.2008 for specified purposes by S.I. 2008/1147, art. 3(b)

I5 S. 76 in force at 22.4.2008 for specified purposes for E.S. by S.I. 2008/1147, art. 3(c)

I6 S. 76 in force at 13.12.2008 for specified purposes for W. by S.I. 2008/3171, art. 2(b)

I7 S. 76 in force at 1.8.2012 for specified purposes for N.I. by S.R. 2012/307, art. 2(b)

77 Offences committed by partnerships and other unincorporated associations U.K.

(1) Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners).

(2) Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) shall be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents shall have effect as if the partnership or unincorporated association were a body corporate.

(4) In proceedings for an offence brought against a partnership or an unincorporated association, the following provisions apply as they apply in relation to a body corporate—

(a) section 33 of the Criminal Justice Act 1925 (c. 86) andSchedule 3 to the Magistrates' Courts Act 1980 (c. 43);

(b) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5) A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.

(6) A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(7) Subsections (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under section 76(4) or (6).

Commencement Information

I8 S. 77 in force at 1.2.2007 for specified purposes for W. by S.I. 2007/204, art. 3(c)

I9 S. 77 in force at 2.4.2007 for specified purposes for W. by S.I. 2007/204, art. 2(c)

I10 S. 77 in force at 1.7.2007 for specified purposes for E. by S.I. 2007/1375, art. 2(b)

I11 S. 77 in force at 22.4.2008 for specified purposes for E.S. by S.I. 2008/1147, art. 3(c)

I12 S. 77 in force at 22.4.2008 for specified purposes by S.I. 2008/1147, art. 3(b)

I13 S. 77 in force at 13.12.2008 for specified purposes for W. by S.I. 2008/3171, art. 2(b)

I14 S. 77 in force at 1.8.2012 for specified purposes for N.I. by S.R. 2012/307, art. 2(b)

78 Penalties for offences: transitional modification for England and Wales E+W

(1) This section contains transitional modifications in respect of penalties for certain offences committed in England and Wales.

(2) In relation to an offence committed before [F1 2 May 2022], the references in [F2 section 21(2)(b)] of this Act to periods of imprisonment of [F3 the general limit in a magistrates’ court] are to be read as references to periods of imprisonment of 6 months.

F4 (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Words in s. 78(2) substituted (28.4.2022) by The Criminal Justice Act 2003 (Commencement No. 33) and Sentencing Act 2020 (Commencement No. 2) Regulations 2022 (S.I. 2022/500), regs. 1(2), 5(1), Sch. Pt. 1

F2 Words in s. 78(2) substituted (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 1 para. 289 (with Sch. 3 Pt. 1)

F3 Words in s. 78(2) substituted (7.2.2023 at 12.00 p.m.) by The Judicial Review and Courts Act 2022 (Magistrates’ Court Sentencing Powers) Regulations 2023 (S.I. 2023/149), regs. 1(2), 2(1), Sch. Pt. 1 table

F4 S. 78(3) repealed (1.3.2007) by National Health Service (Consequential Provisions) Act 2006 (c. 43), s. 8(2), Sch. 4 (with Sch. 2 Pt. 1 Sch. 3 Pt. 1)

Commencement Information

I15 S. 78 in force at 1.2.2007 for specified purposes for W. by S.I. 2007/204, art. 3(c)

I16 S. 78 in force at 2.4.2007 for specified purposes for W. by S.I. 2007/204, art. 2(c)

I17 S. 78 in force at 22.4.2008 for specified purposes by S.I. 2008/1147, art. 3(b)

I18 S. 78 in force at 22.4.2008 for specified purposes for E. by S.I. 2008/1147, art. 3(c)

I19 S. 78 in force at 13.12.2008 for specified purposes for W. by S.I. 2008/3171, art. 2(b)