HL Deb 07 November 1989 vol 512 cc637-8

95 Clause 40, page 49, line 17, after first 'of, insert', or to be attributable to any neglect on the part of,'.

96 Page 49, line 25, leave out subsections (3) and (4) and insert— '(3) Where an offence under this Part committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly. (4) Where an offence under this Part committed by an unincorporated association (other than a partnership) is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any officer of the association or any member of its governing body he as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.'.

Lord Strathclyde

My Lords, I beg to move that the House do agree with the Commons in their Amendments Nos. 95 and 96, as corrected.

The amendments bring the provisions in Part II of the Bill on the circumstances in which a partner in a partnership or an officer or member of a governing body of any other unincorporated association is to be regarded as having committed an offence into line with the treatment of officers in bodies corporate. Noble Lords may recall that the noble Lord, Lord Benson, argued at an earlier stage that the provisions be consistent.

Moved, That the House do agree with the Commons in the said amendments.

Lord Monson

My Lords, as the noble Lord was good enough to draw our attention to the correction to Amendment No. 96, I in turn take the opportunity to draw his attention to the fact that at least one of the corrections in a long list of corrections that has been supplied to us is itself in need of correction; that is, the correction to Amendment No. 413. I merely take the opportunity to mention that point now so that the Government can correct the correction before we arrive at Amendment No. 413 later this week.

Lord Strathclyde

My Lords, I am most grateful to the noble Lord.

On Question, Motion agreed to.