Clause 12
Fraud Bill [Lords]
5:15 pm
Mike O'Brien (Solicitor General, Law Officers' Department; North Warwickshire, Labour)
In essence, clause 12 follows section 18 of the Theft Act 1968. It is the standard provision that makes company officers who are party to the commission of an offence under the Bill by their body corporate liable to be charged for the offence as well as the company. A director, manager, secretary or other similar officer of the body corporate, or a person purporting to act in that capacity, has to be in a position in which he can be diligent about the work that he does. There must be a reasonable standard of diligence; such people must know what they are about. The requirement in the legislation is connivance or consent, so they must know what they are conniving or consenting to. If they are conniving or consenting to something that is clearly dishonest, and they are sufficiently aware of that to be aware of the implications, then they are in a position in which they have connived or consented to an offence.