Part 3Further provision relating to offences
Proceedings
I1I220Individual culpability where organisation commits an offence
1
This section applies where—
a
an offence under this Act is committed by a relevant organisation, and
b
the commission of the offence—
i
involves consent or connivance on the part of a responsible individual, or
ii
is attributable to neglect on the part of a responsible individual.
2
The responsible individual (as well as the relevant organisation) commits the offence.
3
For the purposes of this section—
“relevant organisation” means an organisation listed in the first column of the table in subsection (4),
“responsible individual” means, in relation to a relevant organisation—
- a
an individual falling within the corresponding entry in the second column of the table in subsection (4),
- b
an individual purporting to act in the capacity of an individual falling within the corresponding entry.
- a
4
The table is as follows—
Organisation | Individual |
---|---|
Company as mentioned in section 1 of the Companies Act 2006 | Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member |
Limited liability partnership | Member |
Other partnership | Partner |
Any other body or association | Individual who is concerned in the management or control of its affairs |