Section 26A Liability of officers of bodies corporateF1

England and Wales

(1)

This section applies to an offence under this Act committed in relation to land in England.

(2)

Where a body corporate commits an offence to which this section applies and it is proved that—

(a)

the offence was committed with the consent or connivance of an officer of the body corporate, or

(b)

the offence was attributable to neglect on the part of an officer of the body corporate,

the officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly.

(3)

In subsection (2), “officer” means—

(a)

a director, manager, secretary or similar officer of the body corporate,

(b)

in the case of a body corporate whose affairs are managed by its members, a member of the body corporate, or

(c)

a person purporting to act in a capacity mentioned in paragraph (a) or (b).

Annotations

F1: S. 26A inserted (E.W.) (1.4.2014 for E.) by Mobile Homes Act 2013 (c. 14), ss. 14, 15(2); S.I. 2014/816, art. 2 (with art. 3)

C1: Pt. I extended by London Government Act 1963 (c. 33), Sch. 17 para. 21(1)
C2: Pt. I (ss. 1–32) applied (E.W.) by Local Government Finance Act 1988 (c. 41, SIF 81:1), ss. 31(7), 66(7)
C3: Pt. I (ss. 1-32) definition of caravan applied by Abolition of Domestic Rates Etc. (Scotland) Act 1987 (c. 47, SIF 81:2; 103:2), s. 2(3)(as amended by Caravans (Standard Community Charge and Rating) Act 1991 (c. 2, SIF 81:1,2), s. 2(1))
C4: Pt. I (ss. 1-32) applied (E.W.) (6.3.1992) by Local Government Finance Act 1992 (c. 14), s. 7(6) (with s. 118(1)(2)(4)).
C5: Pt. I: power to disapply conferred (W.) (28.4.2026) by Development of Tourism and Regulation of Visitor Accommodation (Wales) Act 2026 (asc 10), ss. 57(2)(b), 61(1)