The Working Time Regulations 1998 (Amendment) Order 2005

Amendment of the Working Time Regulations 1998

2.—(1) Regulation 41 of the Working Time Regulations 1998(1) shall be amended as follows.

(2) After paragraph (3) there shall be inserted—

“(4) For the purposes of these Regulations the relevant officer, as defined by paragraph (3), shall be treated as a corporation sole.

(5) Where, in a case in which the relevant officer, as so defined, is guilty of an offence under these Regulations, it is proved—

(a) that the office-holder personally consented to the commission of the offence;

(b) that he personally connived in its commission; or

(c) that the commission of the offence was attributable to personal neglect on his part,

the office-holder (as well as the corporation sole) shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

(6) In paragraph (5) above “the office-holder”, in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—

(a) held the office or other position mentioned in paragraph (3) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.

(7) In the application of this regulation to Scotland—

(a) paragraph (4) shall have effect as if for the words “corporation sole” there were substituted “distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder)”;

(b) paragraph (5) shall have effect as if for the words “corporation sole” there were substituted “juristic person”; and

(c) paragraph (6) shall have effect as if for the words “paragraph (5)” there were substituted “paragraphs (4) and (5).””

(1)

S.I. 1998/1833; to which there have been amendments not relevant to the subject matter of this Order.