Disability Act 2005

Offences by bodies corporate, etc.

54

54.—(1) Where—

( a) an offence under this Act is committed by a body corporate, and

( b) the offence is proved to have been committed with the consent, connivance or approval of, or to have been attributable to any neglect on the part of, a person who was either—

(i) a director, manager, secretary or other similar officer of the body corporate, or

(ii) a person purporting to act in any such capacity,

that person as well as the body corporate is also guilty of an offence and liable to 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 or defaults of a member in connection with the member's functions of management as if he or she were a director or manager of the body corporate.

(3) Subsections (1) and (2) shall apply, with the necessary modifications, in relation to offences under this Act committed by an unincorporated body.