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The Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2011, ISBN 9780111511466

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before Parliament under section 23(3) of the Corporate Manslaughter and Corporate Homicide Act 2007, for approval by resolution of each House of Parliament.

Criminal Law

Made ***

Coming into force 1st September 2011

The Secretary of State makes the following Order in exercise of the powers conferred by section 23(1) and (2) of the Corporate Manslaughter and Corporate Homicide Act 2007f1.

In accordance with section 23(3) of that Act a draft of this instrument was laid before Parliament and approved by a resolution of each House of Parliament.

Annotations to the whole text

Footnotes

f1

2007 c. 19.

Contents

  1. 1Citation and commencement
  2. 2Amendment of section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007
  3. Signature
  4. Explanatory note

1Citation and commencement

This Order may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007 (Amendment) Order 2011 and comes into force on 1st September 2011.

2Amendment of section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007

(1)

Section 2 of the Corporate Manslaughter and Corporate Homicide Act 2007 (meaning of “relevant duty of care”) is amended as follows.

(2)

In paragraph (a) of subsection (2), for “or police station” substitute “, a police station or customs premises”.

(3)

After that paragraph insert—

“(aa)

he is detained in service custody premises;”.

(4)

In subsection (7)—

(a)

after the definition of “custodial institution” insert—

  • ““customs premises” means premises wholly or partly occupied by persons designated under section 3 (general customs officials) or 11 (customs revenue officials) of the Borders, Citizenship and Immigration Act 2009;”f1;

(b)

after the definition of “secure accommodation” insert—

  • ““service custody premises” has the meaning given by section 300(7) of the Armed Forces Act 2006.”f2.

Signature

Signed by the authority of the Secretary of State

Signed

Parliamentary Under Secretary of State

Ministry of Justice

Date

Explanatory note

(This note is not part of the Order)

This Order amends section 2(2) of the Corporate Manslaughter and Corporate Homicide Act 2007 (“the Act”) by inserting further categories of persons held in custody to the list of those to whom a relevant duty of care is owed by reason of section 2(1)(d) of the Act; namely, those detained in custody areas at offices of the UK Border Agency, and those detained in service custody premises which are the responsibility of the Ministry of Defence. Article 2(3) amends section 2(7) of the Act by inserting definitions for “customs premises” and “service custody premises”. These are supplemental to the amendments made to section 2(2). The amendments come into force on 1st September 2011.