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| | Page 12, line 15, leave out Clause 23. |
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| | Clause 24, page 13, line 2, leave out ‘Manslaughter’ and insert ‘Killing’. |
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| | | Proceedings against unincorporated associations or bodies other than Crown bodies |
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| | To move the following Clause:— |
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| | | ‘(1) | Proceedings for an offence under section 1 above, alleged to have been |
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| | | committed by any unincorporated association or body, other than a Crown body, |
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| | | shall be brought in the name of that association or body (and not in that of any |
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| | | individual member or other person) and for the purposes of such proceedings any |
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| | | rules of court relating to the service of documents apply as if that association or |
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| | | (2) | A fine imposed on an unincorporated association or body on its conviction of |
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| | | such an offence shall be paid out of the funds of that body. |
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| | | (3) | In a case in which an unincorporated association or body is charged with such an |
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| | | offence, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the |
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| | | Magistrates Court Act 1980 (c. 43) (procedure on charge of an offence against a |
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| | | corporation) have effect in like manner as in the case of a corporation so |
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| | | Amendment of Health and Safety at Work etc. Act 1974 |
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| | To move the following Clause:— |
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| | | ‘(1) | The Health and Safety at Work etc. Act 1974 (c.37) is amended as follows. |
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| | | (2) | After section 33 insert— |
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| | | “33A | Offences committed by corporate body etc. |
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| | | (b) | an unincorporated body, |
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| | | (c) | a department or other body listed in Schedule 1 to the Corporate |
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| | | Manslaughter and Corporate Homicide Act 2006 (c. ), or |
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| | | | to discharge a duty to which it is subject by virtue of sections 2 and 3 of |
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| | | this Act whereby a person’s death is caused shall be an offence. |
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| | | (2) | The offence under this section is called— |
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| | | (a) | corporate killing, insofar as it is an offence under the law of |
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| | | England and Wales or Northern Ireland; |
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| | | (b) | corporate homicide, insofar as it is an offence under the law of |
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| | | (3) | A body corporate or unincorporate that is guilty of corporate killing or |
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| | | corporate homicide is liable on conviction on indictment to a fine. |
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| | | (4) | The offence of corporate homicide is indictable only in the High Court of |
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| | | (5) | The offence of corporate killing is triable only on indictment.”.’. |
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| | | Offence of causing death which was preventable by better corporate organisation or |
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| | To move the following Clause:— |
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| | | ‘(1) | Any senior manager of an organisation who undertakes, or has the authority, to |
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| | | direct how another person works or performs a task is under a legal duty to take |
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| | | reasonable steps to prevent bodily harm to that person, or any other person, |
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| | | arising from that work or task. |
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| | | (2) | A person commits an offence who, being under a legal duty within the meaning |
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| | | of subsection (1), by an act or omission, does any thing that results in the death |
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| | | (3) | Every one who commits an offence under subsection (2)— |
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| | | (a) | is guilty of an indictable offence and liable to imprisonment for a term |
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| | | not exceeding two years; or |
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| | | (b) | is guilty of an offence punishable on summary conviction and liable to |
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| | | imprisonment for a term not exceeding six months. |
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| | | (4) | For the purposes of this section a person is a “senior manager” of an organisation |
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| | | if he plays a significant role in the making of decisions about how the activities |
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| | | of the organisation are managed or organised.’. |
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| | To move the following Clause:— |
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| | | ‘(1) | An individual can be guilty of aiding, abetting, counselling or procuring the |
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| | | commission of an offence of corporate manslaughter. |
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| | | (2) | An individual can be guilty of aiding, abetting, counselling or procuring, or being |
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| | | art and part in the commission of an offence of corporate homicide. |
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| | | (3) | An individual guilty of an offence under sections 17(1) or (2) shall be liable on |
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| | | conviction on indictment to a fine or a term of imprisonment of up to 14 years.’. |
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| | | Offence relating to directors’ influence over management failure |
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| | To move the following Clause:— |
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| | | ‘(1) | A company director commits an offence if he has some influence over, or |
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| | | responsibility for, the circumstances in which a management failure falling far |
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| | | below what could reasonably be expected causes a person’s death, and fails to |
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| | | take reasonable steps in relation to those circumstances which could have |
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| | | (2) | A person guilty of an offence under subsection (1) is liable, on summary |
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| | | (a) | imprisonment for a term not exceeding 6 months, or |
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| | | (b) | a fine not exceeding the statutory maximum, |
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| | | (3) | A person guilty of an offence under subsection (1) shall also be subject to |
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| | | disqualification from acting as a director in any undertaking carrying on a |
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| | | business or activity in Great Britain.’. |
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| | Title, line 1, at beginning insert ‘To amend the Health and Safety at Work etc. Act 1974 |
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| | Title, line 2, leave out ‘manslaughter’ and insert ‘killing’. |
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| | Title, line 3, after ‘homicide;’, insert ‘to make provision for orders to encourage remedial |
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| | action; to create an offence of causing death which was preventable by better corporate |
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| | organisation or management;’. |
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| | Title, line 3, leave out ‘that offence’ and insert ‘those offences’. |
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| | | Bill, as amended, to be reported. |
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