Health Act 1947

F8[Liability for offences by bodies corporate

9A

9A. (1) Where an offence under this Act is committed by a body corporate and it is proved that the offence was committed with the consent or connivance, or was attributable to any wilful neglect, of a person who was a director, manager, secretary or other officer of the body corporate, or a person purporting to act in that capacity, that person shall, as well as the body corporate, be guilty of an offence and may be proceeded against and punished as if he or she were guilty of the first-mentioned offence.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) shall apply in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director or manager of the body corporate.]

Annotations:

Amendments:

F8

Inserted (25.07.2021 to 9.10.2021, extended to 9.01.2022, 31.03.2022) by Health (Amendment) (No. 2) Act 2021 (24/2021), s. 4(b), S.I. No. 383 of 2021, subject to s. 1(3). The period was extended from 10 October 2021 to 9 January 2022 by Resolution of Dáil Éireann: Debates Volume 1012 No. 2, 6 October 2021 - Health (Amendment) (No. 2) Act 2021: Motion, and by Resolution of Seanad Éireann: Debates Volume 279 No. 2, 6 October 2021, Health (Amendment) (No. 2) Act 2021: Motion. It was again extended from 10 January 2022 to 31 March 2022 (10.01.2022) by amendment of s. 1(3) by Health and Criminal Justice (Covid-19) (Amendment) (No. 2) Act 2021 (46/2021), s. 4, commenced as per s. 5(3).