[F1(1)Where an offence under section 40 [F2or 46] committed by a body corporate is committed with the consent or connivance of, or is attributable to any 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 corporate is guilty of the offence.
(2)In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
(3)F3. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .]
Extent Information
E1Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to Northern Ireland only. It incorporates the modifications for N.I. set out in Sch. 8 para. 32; see s. 70(6)
Textual Amendments
F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
F2Words in s. 48(1) repealed (E.W.S.) (22.2.2010 for certain purposes, otherwise 6.4.2010) by Disability Discrimination Act 2005 (c. 13), ss. 19(2), 20(3)-(6), Sch. 2; S.I. 2010/341, art. 2(1)(c)(2)(c)
Commencement Information
I1S. 48 fully in force at 21.1.2003; s. 48 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 48 in force for certain purposes (E.W.S.) at 13.5.1998 by S.I. 1998/1282, art. 2; s. 48 in force for certain purposes (N.I.) at 13.5.1998 by S.R. 1998/183, art. 2; s. 48 in force (E.W.S.) at 30.8.2000 to the extent not previously in force by S.I. 2000/1969, art. 2; s. 48 in force (N.I.) at 21.1.2003 to the extent not previously in force by S.R. 2003/24, art. 2
[F4(1)In this section “relevant document” means—
(a)a certificate of exemption issued under section [F5section 36, 37 or 37A];
(b)a notice of a kind mentioned in [F6section 36(9)(b), 37(8)(b) or 37A(8)(b)];
(c)an accessibility certificate; or
(d)an approval certificate.
(2)A person is guilty of an offence if, with intent to deceive, he—
(a)forges, alters or uses a relevant document;
(b)lends a relevant document to any other person;
(c)allows a relevant document to be used by any other person; or
(d)makes or has in his possession any document which closely resembles a relevant document.
(3)A person who is guilty of an offence under subsection (2) is liable—
(a)on summary conviction, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine or to both.
(4)A person who knowingly makes a false statement for the purpose of obtaining an accessibility certificate or an approval certificate is guilty of an offence and liable on summary conviction to a fine not exceeding level 4 on the standard scale.]
Extent Information
E2Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.
Textual Amendments
F4Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1 (as substituted (1.10.2010) by S.I. 2010/2279, Sch. 2) (with ss. 6(4), 205, and with amendments and savings in the said S.I. 2010/2279, art. 16); S.I. 2010/2317, art. 2(15)(f) (with arts. 4-25, Schs. 1-16); S.I. 2011/1066, art. 2(h)
F5Words in s. 49(1)(a) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37), ss. 4(2), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2
F6Words in s. 49(1)(b) substituted (31.12.2003 for certain purposes and otherwise 31.3.2004 as respects private hire vehicles licensed in England and Wales, 1.1.2008 for certain purposes and otherwise 1.6.2008 as respects a private hire vehicle licensed by the Department of the Environment in Northern Ireland) by Private Hire Vehicles (Carriage of Guide Dogs etc.) Act 2002 (c. 37),, ss. 4(3), 6(2); S.I. 2003/3123, art. 2; S.I. 2007/3477, art. 2
Commencement Information
I2S. 49 not in force at Royal Assent see s. 70(2)(3); s. 49 in force for E.W.S. for certain purposes at 6.4.2005 by S.I. 2005/1122, art. 2; s. 49 in force for N.I. for certain purposes at 3.6.2008 by S.R. 2008/236, art. 2