Part 1

The Care Quality Commission
Chapter 6

Miscellaneous and General

Enforcement

Offences by bodies corporate
91
1
This section applies where a Part 1 offence is committed by a body corporate.
2
If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to any neglect on the part of—
a
any director, manager or secretary of the body corporate, or
b
any person who was purporting to act in any such capacity,
that director, manager, secretary or person purporting to act as such (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
3
The reference in subsection (2) to a director, manager or secretary of a body corporate includes a reference—
a
to any other similar officer of the body, and
b
where the body is an English NHS body or English local authority, to any officer or member of the NHS body or local authority.
S. 91 in force at 12.1.2009 for specified purposes by S.I. 2008/3168, art. 2
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 14(4)(c)
Pt. 1 excluded (6.4.2010) by The Health and Social Care Act 2008 (Commencement No.16, Transitory and Transitional Provisions) Order 2010 (S.I. 2010/807), arts. 1(1)(a), 17(4)(c) (5)(b)
Pt. 1 Ch. 6 modified by 2004 c. 17, s. 10(1) (as substituted (1.10.2010) by The Health and Social Care Act 2008 (Consequential Amendments No.2) Order 2010 (S.I. 2010/813), arts. 1(1), 15)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)
Pt. 1 modified (E.W.) (6.4.2015) by Care Act 2014 (c. 23), ss. 57(1)(2), 127(1); S.I. 2015/993, art. 4 (with transitional provisions in S.I. 2015/995)