OpenLegislation

Paragraph 23 F1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

Where an offence under this Schedule which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)

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

(b)

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 liable to be proceeded against accordingly.

(2)

Where the affairs of a body corporate are managed by its members, this paragraph shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of a body corporate.

Annotations

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

Notes on Schedule 4

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4

Notes on Part IV

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.

Notes on Offences by corporations

Textual amendments

F1

Sch. 4 inserted (1.10.1998) by 1998 c. 38, s. 127, Sch. 13 para. 3 (with ss. 139(2), 143(2)); S.I. 1998/2244, art. 4.