PART 3ENVIRONMENTAL REGULATION

CHAPTER 3COURT POWERS

Publicity orders

37Corporate offending

(1)

Subsection (2) applies where—

(a)

an offence under section 36(8) is committed by a relevant organisation, and

(b)

the commission of the offence involves the connivance or consent, or is attributable to the neglect, of a responsible official of the relevant organisation.

(2)

The responsible official (as well as the relevant organisation) commits the offence.

(3)

In this section—

“a relevant organisation” means—

(a)

a company,

(b)

a limited liability partnership,

(c)

a partnership (other than a limited liability partnership), or

(d)

another body or association,

“a responsible official” means—

(a)

in the case of a company, a director, secretary, manager or similar officer of the company,

(b)

in the case of a limited liability partnership, a member of the partnership,

(c)

in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or

(d)

in the case of another body or association, a person who is concerned in the management or control of its affairs,

and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.