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Section 277B Liability for offences under section 277A committed by a body

(1)

F1If an offence under section 277A is committed by a body corporate or a partnership and—

(a)

is committed with the consent or connivance of a relevant person in relation to the body or partnership, or

(b)

is attributable to neglect on the part of such a person,

the person (as well as the body or partnership) commits the offence and is liable to be proceeded against and punished accordingly.

(2)

A “relevant person” is—

(a)

in relation to a body corporate other than one whose affairs are managed by its members—

(i)

a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, or

(ii)

a shadow director within the meaning of section 251 of the Companies Act 2006;

(b)

in relation to a limited liability partnership or other body corporate whose affairs are managed by its members—

(i)

a member who exercises functions of management with respect to it, or a person purporting to act in such a capacity, or

(ii)

in the case of a limited liability partnership, a shadow member within the meaning of regulation 2 of the Limited Liability Partnerships Regulations 2001 (S.I. 2001/1090);

(c)

in relation to a partnership, a partner or a person purporting to act in such a capacity.

Annotations

Textual amendments

F1

Ss. 227A, 227B inserted (22.2.2024) by Finance Act 2024 (c. 3), s. 34(1) (with s. 34(3)(4))