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Banking Act 1987 (repealed)
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- UK Public General Acts
- 1987 c. 22
- Part VI
- Section 96
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96 Offences.U.K.
(1)Where an offence under this Act committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of any director, manager, secretary or other similar officer of the body corporate, or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) above shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)In the case of a person who by virtue of subsection (1) or (2) above or section 98(6) or (7) below is guilty of an offence under section 12(6) or 19(6) above the penalty that can be imposed on conviction on indictment shall be imprisonment for a term not exceeding two years or a fine or both.
(4)In any proceedings for an offence under this Act it shall be a defence for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of such an offence by himself or any person under his control.
(5)No proceedings for an offence under this Act shall be instituted—
(a)in England and Wales, except by or with the consent of the Director of Public Prosecutions or the Bank; or
(b)in Northern Ireland, except by or with the consent of the Director of Public Prosecutions for Northern Ireland or the Bank.
(6)In relation to proceedings against a building society incorporated (or deemed to be incorporated) under the M1Building Societies Act 1986 subsection (5) above shall have effect with the substitution for references to the Bank of references to the Building Societies Commission.
(7)In relation to proceedings against a friendly society within the meaning of section 7(1)(a) of the M2Friendly Societies Act 1974 the reference in paragraph (a) of subsection (5) above to the Bank shall include a reference to the Chief Registrar of friendly societies; and in relation to proceedings against a friendly society within the meaning of section 1(1)(a) of the M3Friendly Societies Act (Northern Ireland) 1970 the reference in paragraph (b) of that subsection to the Bank shall include a reference to the Registrar of Friendly Societies for Northern Ireland.
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