Section 42 Corporate offendingI1

(1)

Subsection (2) applies where—

(a)

an offence under section 40(1) or 41(7) is committed by a relevant organisation, and

(b)

the commission of the offence involves the connivance or consent, or is attributable to the neglect, of a responsible official of the relevant organisation.

(2)

The responsible official (as well as the relevant organisation) commits the offence.

(3)

In this section—

“a relevant organisation” means—
1. (a)
  a company,
2. (b)
  a limited liability partnership,
3. (c)
  a partnership (other than a limited liability partnership), or
4. (d)
  another body or association,
“a responsible official” means—
1. (a)
  in the case of a company, a director, secretary, manager or similar officer of the company,
2. (b)
  in the case of a limited liability partnership, a member of the partnership,
3. (c)
  in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or
4. (d)
  in the case of another body or association, a person who is concerned in the management or control of its affairs,
and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.

Annotations

Commencement

I1: S. 42 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.