(1)Where an offence under this Act which has been 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—
(a)a director, manager, secretary or other similar officer of the body corporate, or
(b)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 accordingly.
(2)In subsection (1) “director”, in relation to any body corporate—
(a)which was established by or under an enactment for the purpose of carrying on under national ownership an industry or part of an industry or undertaking, and
(b)whose affairs are managed by its members,
means a member of that body corporate.
Modifications etc. (not altering text)
C1S. 331 applied by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(1); excluded by Planning (Listed Buildings and Conservation Areas) Act 1990 (c. 9, SIF 123:1), s. 89(2); applied (11.3.1992 so far as to confer on the Secretary of State a power to impose on him a duty to make regulations, or make provision with respect to the exercise of any such power or duty, 1.6.1992 so far as not already in force) by Planning (Hazardous Substances) Act 1990 (c. 10, SIF 123:1), s. 37(2); S.I. 1992/725, arts. 2, 3
C2S. 331: power to apply conferred (10.11.1993) by 1993 c. 28, s. 171(4)(a); S.I. 1993/2762, art. 3
S. 331 restricted (E.) (13.4.2001) by S.I. 2001/1478, art. 3(a)