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Part XIVS Miscellaneous and General Provisions

Miscellaneous and general provisionsS

273 Offences by corporations.S

(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. 273 extended (27.5.1997) by 1997 c. 9, ss. 79(1), 83(2) (with s. 45(4))

S. 273 excluded (27.5.1997) by 1997 c. 9, ss. 79(2), 83(2) (with s. 45(4))

S. 273 applied (27.5.1997) by 1997 c. 10, ss. 36, 40(2) (with ss. 9(3), 10(5), 38(6))