Clause 5 - Liability of directors etc
Clean Neighbourhoods and Environment Bill
3:45 pm
Mrs Anne McIntosh (Shadow Minister, Environment and Transport; Vale of York, Conservative)
I have a small point to make. The clause is self-explanatory. Would it be possible for the corporate body to wriggle free of the offence that is being prosecuted because the director, manager or secretary—I presume it is the financial secretary, rather than a humble, little office secretary—is deemed to be the officer responsible within the body so no charges will be pressed against the corporate body itself? How will that work in practice? Would action be taken only against the individual who can be identified or against the corporate body? Where the affairs of a corporate body are managed by its members, would only one member be prosecuted or would they be deemed to be jointly and severally liable to prosecution?