Section 51 Offences committed by bodies corporate or Scottish partnerships.I1I2I3I4C1C2C3I5C4C5C6C7C8
United Kingdom
If an offence under section 49 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,
an officer, the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
In subsection (1) “officer” means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
If the affairs of a body corporate are managed by its members, “director” in subsection (2) means a member of that body.
Where an offence under section 49 is committed by a Scottish partnership and is proved to have been committed with the consent or connivance of a partner, he as well as the partnership shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.
Annotations
Modifications
- C1
S. 51 applied by S.I. 2004/1988 (N.I. 12), art. 6C(5) (as inserted (N.I.) (18.9.2006) by The Criminal Justice (Northern Ireland) Order 2005 (S.I. 2005/1965), arts. 1(2)(a), 6; S.R. 2006/368, art. 2(a))
- C2
S. 51 applied (E.W.) (20.10.2014) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 31(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2014/2590, art. 3(a)
- C3
S. 51 applied (E.W.) (23.3.2015) by Anti-social Behaviour, Crime and Policing Act 2014 (c. 12), ss. 16(4), 185(1) (with ss. 21, 33, 42, 58, 75, 93); S.I. 2015/373, art. 4(a)
- C4
S. 51 applied (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 33(4), 63(2); S.I. 2016/553, reg. 2
- C5
S. 51 applied (26.5.2016) by Psychoactive Substances Act 2016 (c. 2), ss. 34(4), 63(2); S.I. 2016/553, reg. 2
- C6
S. 51 applied (E.W.) (1.12.2020) by Sentencing Act 2020 (c. 17), ss. 340(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2
- C7
S. 51 applied (27.11.2024 until the end of the specified period on 24.11.2026 for E.W. in relation to specified areas, 5.3.2025 until the end of the specified period on 26.11.2025 in relation to the specified area, 11.3.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas, 28.4.2025 until the end of the specified period on 24.11.2026 in relation to the specified areas) by Domestic Abuse Act 2021 (c. 17), ss. 49(4), 90(6); S.I. 2024/1191, regs. 1(2)(g), 2, 3(1) (with reg. 4); S.I. 2025/261, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/319, regs. 1(2)(f), 2, 3 (with reg. 4); S.I. 2025/515, regs. 1(3)(e)(f), 2 (with reg. 3) (as amended (21.11.2025) by S.I. 2025/1222, regs. 1(2), 2, 3, 4 and (25.3.2026) by S.I. 2026/342, regs. 1(2), 2, 3, 4)
- C8
S. 51 applied (26.10.2026) by 2014 c. 2, s. L1(3) (with s. L1(4) (as inserted by Crime and Policing Act 2026 (c. 20), ss. 1(2), 255(1); S.I. 2026/960, reg. 4(a))
Commencement
- I1
Pt. II Chs. 1-4 (ss. 16-52) in force for certain purposes at Royal Assent, see s. 68(4)
- I2
S. 51 in force at 7.10.2004 for specified purposes for S. by S.S.I. 2004/408, art. 3(b)
- I3
S. 51 in force at 7.10.2004 for specified purposes for E.W. by S.I. 2004/2428, art. 2(c)
- I4
S. 51 in force at 8.11.2004 for specified purposes for N.I. by S.R. 2004/467, art. 2(d)
- I5
S. 51 in force at 13.4.2015 for specified purposes for E.W. by S.I. 2015/818, art. 2(e)
Notes on Chapter IV
Modifications
- C1
Pt. II Ch. IV modified (31.10.2009) by The Youth Justice and Criminal Evidence Act 1999 (Application to Service Courts) Order 2009 (S.I. 2009/2083), arts. 1, 13