OpenLegislation

Section 390 Offences by bodies corporateI1

England and Wales Not yet in force

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

This section applies where an offence under a provision of this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a)

a senior officer of the body, or

(b)

a person who was purporting to be a senior officer of the body.

(2)

The senior officer or person (as well as the body corporate) is guilty of the offence, and is liable to be proceeded against and punished accordingly.

(3)

In this section “senior officer” means a director, manager, secretary or other similar officer of the body corporate.

(4)

But in the case of a body corporate whose affairs are managed by its members, “director” means a member of the body.

Annotations

Commencement

I1

S. 390 not in force at Royal Assent, see s. 409(2)