[F1(1)Anything done by a person in the course of his employment shall be treated for the purposes of this Act as also done by his employer, whether or not it was done with the employer’s knowledge or approval.
(2)Anything done by a person as agent for another person with the authority of that other person shall be treated for the purposes of this Act as also done by that other person.
(3)Subsection (2) applies whether the authority was—
(a)express or implied; or
(b)given before or after the act in question was done.
(4)Subsections (1) and (2) do not apply in relation to an offence under section 57(4).
(5)In proceedings under this Act against any person in respect of an act alleged to have been done by an employee of his, it shall be a defence for that person to prove that he took such steps as were reasonably practicable to prevent the employee from—
(a)doing that act; or
(b)doing, in the course of his employment, acts of that description.]
Extent Information
E1Following the repeal of this Act for E.W.S. by the Equality Act 2010, this section now extends to N.I. only.
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F1Act repealed (E.W.S.) (1.10.2010 (except for the repeal of ss. 49A-49D) and 5.4.2011 in so far as not already in force) by Equality Act 2010 (c. 15), 216(3), Sch. 27 Pt. 1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)
Modifications etc. (not altering text)
C1S. 58 applied (7.10.2013) by Crime and Courts Act 2013 (c. 22), s. 61(2), Sch. 4 para. 4(3)(4); S.I. 2013/1682, art. 3(k)