# Gambling Act 2005, Section 341: Offence committed by body

Extent: E+W+S

(1) 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—
(a) with the consent or connivance of an officer of the body, or
(b) as a result of the negligence of an officer of the body.
(2) The officer, as well as the body, shall be guilty of the offence.
(3) In subsection (1) a reference to an officer of a body includes a reference to—
(a) a director, manager or secretary,
(b) a person purporting to act as a director, manager or secretary, and
(c) if the affairs of the body are arranged by its members, a member.
(4) Where an offence under this Act is committed by a partnership (other than a limited partnership) each partner shall be guilty of the offence.
(5) 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.
(6) 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.
(7) 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.

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Source: https://www.legislation.gov.uk/ukpga/2005/19/section/341 (the official version)
Page: https://openlegislation.uk/gambling-act-2005/section-341
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

