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Section 36 Offences by bodies corporate.F1F2

United Kingdom

(1)

Where a body corporate is guilty of an offence under this Act, and that offence 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 that offence, and shall be liable to be proceeded against and punished accordingly.

(2)

In this section “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate.

Annotations

Textual amendments

F1

Ss. 30-46 repealed (S.) (1.9.2018) by The Environmental Authorisations (Scotland) Regulations 2018 (S.S.I. 2018/219), reg. 1, sch. 7 para. 1 (with reg. 78, sch. 5 paras. 3, 4, 6 and with transitional provisions and savings (25.11.2021) by The Environmental Authorisations (Scotland) Regulations 2018 (Transitional and Savings Provisions) Order 2021 (S.I. 2021/1309), arts. 1(1), 3-5)

F2

S. 36 repealed (E.W.) (6.4.2010) by The Environmental Permitting (England and Wales) Regulations 2010 (S.I. 2010/675), reg. 1(1)(b), Sch. 26 para. 11(2)(ii), Sch. 28 (with reg. 1(2), Sch. 4)

Notes on the whole Act

Textual amendments

F1

Act repealed (except for ss. 49(1) for specified purposes and s. 51, Sch. 4 paras. 2, 5-9, 11) (E.W.) (1.10.2011) by The Environmental Permitting (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2043), reg. 17 (with reg. 18(2)-(4), Sch. 3)

F2

Act in so far as still in force for E.W. repealed (except for ss. 49(1) for specified purposes and s. 51, Sch. 4 para. 5) (E.W.) (1.1.2017) by The Environmental Permitting (England and Wales) Regulations 2016 (S.I. 2016/1154), reg. 72 (with regs. 1(3), 77-79, Sch. 4)