Section 11 Application to Crown bodiesI1

(1)

An organisation that is a servant or agent of the Crown is not immune from prosecution under this Act for that reason.

(2)

For the purposes of this Act—

(a)

a department or other body listed in Schedule 1, or

(b)

a corporation that is a servant or agent of the Crown,

is to be treated as owing whatever duties of care it would owe if it were a corporation that was not a servant or agent of the Crown.

(3)

For the purposes of section 2—

(a)

a person who is—

(i)

employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or

(ii)

employed by a person whose staff constitute a body listed in that Schedule,

is to be treated as employed by that department or body;

(b)

any premises occupied for the purposes of—

(i)

a department or other body listed in Schedule 1, or

(ii)

a person whose staff constitute a body listed in that Schedule,

are to be treated as occupied by that department or body.

(4)

For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself.

(5)

Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.

Annotations

Commencement

I1: S. 11 in force at 6.4.2008 by S.I. 2008/401, art. 2