HL Deb 25 October 1990 vol 522 c1562

69 Page 24, line 42, at end insert:

'(15) Where an offence under subsection (14) above is committed by a body corporate and is proved to have been committed with the consent or connivance of or to be attributable to any neglect on the part of—.

  1. (a) any director, secretary or other similar officer of the body corporate, or
  2. (b) any person who was purporting to act in any such capacity,
he (as well as the body corporate) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(16) Where an offence under subsection (14) above is committed by a partnership or by an unincorporated association (other than a partnership) and is proved to have been committed with the consent or connivance of a partner in the partnership or, as the case may be, a person concerned in the management or control of the association, he (as well as the partnership or association) shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.'.

Lord Fraser of Carmyllie

My Lords, I beg to move that the House do agree with the Commons in their Amendment No. 69. In moving this amendment I shall speak also to Amendment Nos. 242 and 263.

These are technical amendments. They are designed to remove existing doubts about whether the law would allow the prosecution of individual partners and managers of organisations involved in the provision of legal services as well as of the organisations themselves.

Moved, that the House do agree with the Commons in their Amendment No. 69.—(Lord Fraser of Carmyllie.)

On Question, Motion agreed to.