OpenLegislation

Section 18 Offences: companies &c.I1

England and Wales

(1)

If an offence under section 9 F1... or 38 F2... is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a)

a director, manager, secretary or other similar officer of the body, or

(b)

a person purporting to act in such a capacity,

he (as well as the body) commits the offence.

(2)

If an offence under section 9 F3... or 38 F4... is committed by a partnership (whether or not a limited partnership) and is proved to have been committed with the consent or connivance of, or to be attributable to neglect on the part of—

(a)

a partner, or

(b)

a person purporting to act as a partner,

he (as well as the partnership) commits the offence.

(3)

In subsection (1), “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body.

Annotations

Textual amendments

F1

Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F2

Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F3

Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(a), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

F4

Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(b), Sch. 10 Pt. 5 (with s. 97); S.I. 2012/2234, art. 2(aa)(bb)(ii)

Commencement

I1

S. 18 in force at 12.10.2009 for specified purposes by S.I. 2009/2611, art. 2, Sch.