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Health and Safety at Work Etc Act 1974

 

Section 37(1): Offences by Bodies Corporate.

Where an offence by a body corporate is proved to have been committed with the consent, connivance or neglect of a director, manager, secretary or other similar officer (or a person purporting to be one of these) of the body corporate, he as well as the body corporate shall be guilty of that offence and may be proceeded against.

Comment:

The body corporate does not have to be convicted in order for the s.37 provision to be utilised but there must be proof that it committed an offence (also see s.36(1) 'offences due to fault of other person').

Also see: Armour v Skeen; R v Chargot; and

Penalties for s.37 offences.