Paragraph 26
Where an offence under this Schedule committed by a body corporate 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 any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of the offence.
Where the affairs of a body corporate are managed by its members sub-paragraph (1) above shall apply to the acts and defaults of a member in connection with his function of management as if he were a director of the body corporate.
Notes on Schedule 3
Modifications
- C1
Sch. 3 applied (24.7.1996) by City of Westminster Act 1996 (c. viii), s. 3(1)
Sch. 3: functions of local authority not to be the responsibility of an authority's executive (E.) (16.11.2000) by virtue of S.I. 2000/2853, reg. 2(1), Sch. 1
- C2
Sch. 3: power to apply with amendments (including the insertion of a new Sch. 3 para. 3A) conferred on a borough council (which has resolved, in accordance with s. 2 of this Act, that Sch. 3 shall apply to their area) by Greater London Council (General Powers) Act 1986 (c. iv), s. 12(1)(4) (coming into force in accordance with s. 12(2)(3)); and in Sch. 3 para. 3A, as so applied by a participating council, proviso (ii) is repealed by London Local Authorities Act 1990 (c. vii), ss. 3, 5, 18, Sch. 1
- C3
Sch. 3: power to apply with further amendments (including the insertion of a new Sch. 3 para. 3B) conferred on the City of Westminster and on any other borough council (which has resolved that Sch. 3 shall apply to their area with the amendments contained in 1986 c. iv, s. 12) by London Local Authorities Act 2007 (c. ii), s. 33(2)-(7) (coming into force in accordance with ss. 1(4), 3, 33(1)) (as modified (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 4(1)-(6) (with savings in arts. 4(7)-(9))
- C4
Sch. 3: power to apply with the amendments made by 2009 c. 26, s. 27 (which amendments would otherwise be excluded) conferred (6.4.2010 for E., 8.5.2010 for W.) on a local authority (where that authority has, before the coming into force of 2009 c. 26, s. 27, resolved under s. 2 of this Act that Sch. 3 is to apply to the area of the local authority) by Policing and Crime Act 2009 (c. 26), ss. 27, 116(4), Sch. 3 para. 2; S.I. 2010/722, art. 3(b) (with arts. 4-12); S.I. 2010/1375, art. 3(b)
- C5
Sch. 3, so far as its provisions have effect by virtue of 1986 c. iv, s. 12, is repealed (with savings) (6.4.2010) by The Policing and Crime Act 2009 (Consequential Provisions) (England) Order 2010 (S.I. 2010/723), arts. 1(2), 2(1) (with arts. 2(2)-(6))