OpenLegislation

Section 52 Application to members etc of bodiesI1I2

England and Wales

(1)

Subsection (2) applies where a body is liable to receive a penalty under section 51 by reason of anything which the Minister is satisfied, on the balance of probabilities, was done or not done with the consent or connivance of—

(a)

a relevant individual in relation to the body, or

(b)

an individual purporting to act in the capacity of a relevant individual in relation to the body.

(2)

The Minister may impose a penalty under section 51 on the individual as well as on the body.

(3)

In this section, “relevant individual” means—

(a)

in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

(b)

in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

(c)

in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

(d)

in relation to any other partnership, a partner;

(e)

in relation to an unincorporated association, a person who exercises functions of management with respect to it.

Annotations

Commencement

I1

S. 52 not in force at Royal Assent, see s. 109(1)

I2

S. 52 in force at 1.4.2026 by S.I. 2026/371, reg. 2(a)