Section 22 Offence: bodies corporate, &c.I1
United Kingdom
For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.
If an offence under section 21(1) F2or (1A) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
In subsection (2) 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 managed by its members, a member.
Where an offence under section 21(1) F3or (1A) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
a partner, and
a person purporting to act as a partner.
Annotations
Textual amendments
- F1
S. 22(1A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(6), 94(1); S.I. 2016/603, reg. 3(f)
- F2
Words in s. 22(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)
- F3
Words in s. 22(4) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)
Commencement
- I1
S. 22 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))
Notes on Employment and other working arrangements
Textual amendments
- F1
Words in s. 15 cross-heading inserted (1.10.2026) by Border Security, Asylum and Immigration Act 2025 (c. 31), ss. 48(2), 65(1); S.I. 2026/683, reg. 2