Section 80 Liability of corporate officers etcI1

England, Wales and Scotland Not yet in force

(1)

Where—

(a)

a relevant entity commits an offence under section 78 or 79, and

(b)

the offence is—

(i)

committed with the consent or connivance of a responsible person, or

(ii)

attributable to any neglect on the part of a responsible person,

that person also commits the offence.

(2)

In subsection (1), “relevant entity” means—

(a)

a body corporate,

(b)

a partnership, or

(c)

a firm or other entity similar in nature to a partnership established under a foreign law.

(3)

In subsection (1), “responsible person” means—

(a)

in the case of a body corporate other than one within paragraph (b), a director, manager, secretary or other similar officer;

(b)

in the case of a limited liability partnership, or an entity of similar nature established under a foreign law, a member who takes part in the management of the partnership or entity;

(c)

in the case of a partnership or an entity within subsection (2)(c), a partner who takes part in the management of the partnership or entity.

(4)

A reference in subsection (3) to a person holding a particular position includes—

(a)

in the case of a body or entity established under a foreign law, any person holding a corresponding position under that law, and

(b)

any person purporting to act in the position referred to in subsection (3) (including as it is read by virtue of paragraph (a)).

Annotations

Commencement

I1: S. 80 not in force at Royal Assent, see s. 99(1)