Paragraph 1 Commission of offencesI1

England and Wales Not yet in force

(1)

This paragraph applies where an offence under section 1 is committed by—

(a)

a body corporate;

(b)

a partnership;

(c)

an unincorporated association other than a partnership.

(2)

A person mentioned in sub-paragraph (3) also commits the offence if the offence is proved to have been—

(a)

committed by, or with the consent or connivance of, that person, or

(b)

attributable to any neglect on the part of that person.

(3)

The persons are—

(a)

in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;

(b)

in relation to a partnership, a partner in the partnership;

(c)

in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body.

(4)

In sub-paragraph (3)(a) “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate.

(5)

In this Act, “partnership” means—

(a)

a partnership within the Partnership Act 1890 (c. 39), or

(b)

a limited partnership registered under the Limited Partnerships Act 1907 (c. 24).

Annotations