Section 341 Offence committed by bodyI1I2
England, Wales and Scotland
Subsection (2) applies where an offence under this Act is committed by a body of persons corporate or unincorporate (other than a partnership) and it is proved that the offence was committed—
with the consent or connivance of an officer of the body, or
as a result of the negligence of an officer of the body.
The officer, as well as the body, shall be guilty of the offence.
In subsection (1) a reference to an officer of a body includes a reference to—
a director, manager or secretary,
a person purporting to act as a director, manager or secretary, and
if the affairs of the body are arranged by its members, a member.
Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.
Where an offence under this Act is committed by a limited partnership, subsections (1) and (2) shall have effect, but as if a reference to an officer of the body were a reference to a partner.
In relation to the prosecution of a body of persons unincorporate for an offence under this Act, the body shall be treated for all procedural purposes as if it were a body corporate.
The Secretary of State may by regulations make provision for the modification of a provision of this section in its application to a body of persons formed under, or in so far as the body is recognised by, law having effect outside the United Kingdom.
Annotations
Commencement
- I1
S. 341 in force at 1.1.2007 for specified purposes by S.I. 2006/3272, art. 2(1), Sch. 1 (with arts. 7-11, 7-12, Sch. 4)
- I2
S. 341 in force at 1.9.2007 in so far as not already in force by S.I. 2006/3272, art. 2(4)(5), Sch. 3B (with arts. 7-11, 7-12, Sch. 4) (as inserted by S.I. 2007/2169, arts. 3, 6, Sch.)