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Section 21 General provisions as to offences under Part II.

(1)

F1Section 43(1)of the principal Act (punishment for false information given for purposes of Act) shall apply as if references in that subsection to any provision of that Act included references to any provision of this Part of this Act.

(2)

F2Section 43(2)of the principal Act (restriction on institution of prosecutions) shall apply as if the reference in that section to an offence under the said section 43(1)included a reference to an offence under any provision of this Part of this Act.

(3)

Where a body corporate is guilty of an offence under any provision of this Part of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or of any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this subsection, the expression “director”, in relation to . . . F3any other body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that . . . body corporate.

(4)

Without prejudice to the operation, as respects England and Wales, of section 8 of the M1accessories and Abettors Act 1861 and F4section 44 of the M2Magistrates’ Courts Act 1980, any person who aids, abets, counsels or procures the commission of an offence under this Part of this Act shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(5)

If by virtue of either of the two last foregoing subsections an individual is guilty of an offence under section 16(5) or section 18(9) of this Act the individual shall be liable—

(a)

on summary conviction to imprisonment for a term not exceeding three months or to a fine not exceeding one hundred pounds or to both, and

(b)

on conviction on indictment to imprisonment for a term not exceeding two years or to a fine of any amount or to both.

Annotations

Textual amendments

F1

Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(18), Sch. 8 para. 33

F2

Words substituted by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(19), Sch. 8 para. 33

F3

Words repealed by virtue of Gas Act 1986 (c. 44, SIF 44:2), s. 67(1)(3), Sch. 7 para. 6(20), Sch. 8 para. 33

F4

Words substituted by Magistrates' Courts Act 1980 (c. 43, SIF 82), s. 154, Sch. 7 para. 54

Marginal citations

M1

1861 c. 94.(39:1)

M2

1980 c. 43.(82)

Notes on Part II

Modifications

C1

Part II (ss. 4–28) modified (E.W.) by Water Act 1989 (c. 15, SIF 130), s. 190(2), Sch. 26 para. 32(1)(2) (with ss. 58(7), 101(1), 141(6), 160(1)(2)(4), 163, 189(4)-(10), 190, 193(1), Sch. 26 paras. 3(1)(2), 17, 40(4), 57(6), 58)

C2

Part II modified (1.12.1991) (E.W.) by Water Resources Act 1991 (c. 57, SIF 130), ss. 48, 55, 60, 61, 65, 225(2), Sch. 7 para. 1(2)(a) (with ss. 16(6), 179, 222(3), Sch. 22 para. 1, Sch. 23 para. 6)