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Corporate Manslaughter and Corporate Homicide Act 2007

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This is the original version (as it was originally enacted).

11Application to Crown bodies

This section has no associated Explanatory Notes

(1)An organisation that is a servant or agent of the Crown is not immune from prosecution under this Act for that reason.

(2)For the purposes of this Act—

(a)a department or other body listed in Schedule 1, or

(b)a corporation that is a servant or agent of the Crown,

is to be treated as owing whatever duties of care it would owe if it were a corporation that was not a servant or agent of the Crown.

(3)For the purposes of section 2—

(a)a person who is—

(i)employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or

(ii)employed by a person whose staff constitute a body listed in that Schedule,

is to be treated as employed by that department or body;

(b)any premises occupied for the purposes of—

(i)a department or other body listed in Schedule 1, or

(ii)a person whose staff constitute a body listed in that Schedule,

are to be treated as occupied by that department or body.

(4)For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself.

(5)Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.

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