Section 18 Offences: companies &c.I1
England and Wales
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 director, manager, secretary or other similar officer of the body, or
a person purporting to act in such a capacity,
he (as well as the body) commits the offence.
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 partner, or
a person purporting to act as a partner,
he (as well as the partnership) commits the offence.
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Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(a), Sch. 10 Pt. 5 (with s.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Words in s. 18(1) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(2)(b), Sch. 10 Pt. 5 (with s.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Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(a), Sch. 10 Pt. 5 (with s.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Words in s. 18(2) repealed (10.9.2012 immediately after S.I. 2012/2157 comes into force) by Protection of Freedoms Act 2012 (c. 9), s. 120, Sch. 9 para. 58(3)(b), Sch. 10 Pt. 5 (with s.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.