Companies Act 1985

730 Punishment of offences. E+W+S

(1)Schedule 24 to this Act has effect with respect to the way in which offences under this Act are punishable on conviction.

(2)In relation to an offence under a provision of this Act specified in the first column of the Schedule (the general nature of the offence being described in the second column), the third column shows whether the offence is punishable on conviction on indictment, or on summary conviction, or either in the one way or the other.

(3)The fourth column of the Schedule shows, in relation to an offence, the maximum punishment by way of fine or imprisonment under this Act which may be imposed on a person convicted of the offence in the way specified in relation to it in the third column (that is to say, on indictment or summarily), a reference to a period of years or months being to a term of imprisonment of that duration.

(4)The fifth column shows (in relation to an offence for which there is an entry in that column) that a person convicted of the offence after continued contravention is liable to a daily default fine; that is to say, he is liable on a second or subsequent summary conviction of the offence to the fine specified in that column for each day on which the contravention is continued (instead of the penalty specified for the offence in the fourth column of the Schedule).

(5)For the purpose of any enactment in the Companies Acts which provides that an officer of a company [F1or other body] who is in default is liable to a fine or penalty, the expression “officer who is in default” means any officer of the company [F1or other body] who knowingly and wilfully authorises or permits the default, refusal or contravention mentioned in the enactment.

Textual Amendments

Modifications etc. (not altering text)

C1S. 730 extended (with modifications) by S.I. 1989/638, regs. 18, 21, Sch. 4 paras. 22, 23

C2S. 730 applied (with modifications) (6.4.2001) by S.I. 2001/1090, reg. 4, Sch. 2 Pt. I