Section 52 Application to members etc of bodiesI1I2
England and Wales
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 relevant individual in relation to the body, or
an individual purporting to act in the capacity of a relevant individual in relation to the body.
The Minister may impose a penalty under section 51 on the individual as well as on the body.
In this section, “relevant individual” means—
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;
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;
in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in relation to any other partnership, a partner;
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)