OpenLegislation

Section 134 Liability of others for offences committed by bodiesI1

United Kingdom Not yet in force

(1)

Where an offence under this Part or under regulations made under it—

(a)

is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or

(b)

is attributable to neglect on the part of such a person,

the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

(2)

In this section—

  • “body” means—

    1. (a)

      a body corporate,

    2. (b)

      a partnership, or

    3. (c)

      an unincorporated association;

  • “relevant person” means—

    1. (a)

      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;

    2. (b)

      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;

    3. (c)

      in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

    4. (d)

      in relation to any other partnership, a partner;

    5. (e)

      in relation to an unincorporated association, a person who exercises functions of management with respect to it.

Annotations

Commencement

I1

S. 134 not in force at Royal Assent, see s. 176(2)(c)