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Immigration, Asylum and Nationality Act 2006
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Immigration, Asylum and Nationality Act 2006, Section 22 is up to date with all changes known to be in force on or before 25 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 32(5)(d) and word inserted by 2006 c. 48 s. 14(3)
- s. 33(5)(d) and word inserted by 2006 c. 48 s. 14(3)
- s. 38(5A) inserted by 2006 c. 48 s. 14(5)
22Offence: bodies corporate, &c.U.K.
This section has no associated Explanatory Notes
(1)For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
[F1(1A)For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.]
(2)If an offence under section 21(1) [F2or (1A)] is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
(3)In subsection (2) a reference to an officer of a body includes a reference to—
(a)a director, manager or secretary,
(b)a person purporting to act as a director, manager or secretary, and
(c)if the affairs of the body are managed by its members, a member.
(4)Where an offence under section 21(1) [F3or (1A)] is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
(a)a partner, and
(b)a person purporting to act as a partner.
Textual Amendments
F1S. 22(1A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(6), 94(1); S.I. 2016/603, reg. 3(f)
F2Words in s. 22(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)
F3Words in s. 22(4) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)
Commencement Information
I1S. 22 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))
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