Nuclear Installations Act 1965
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Change 1
25 Offences—general.
(1) Where a body corporate is guilty of an offence under any of the provisions section 2(2) or 19(5) of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and where the body corporate was guilty of the offence in the capacity of licensee under a nuclear site licence or an operator of a relevant disposal site, he shall be so liable as if he, as well as the body corporate, were the licensee or the operator. In this subsection, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. (2) Where a body corporate is convicted on indictment of an offence under any of the following provisions of this Act, that is to say, sections 1(3), 2(2), 4(6), 5(4) and 19(5), so much of the provision in question as limits the amount of the fine which may be imposed shall not apply, and the body corporate shall be liable to a fine of such amount as the court thinks just. (3) Proceedings in respect of any offence under section 2(2) or 19(5) of this Act shall not be instituted in England or Wales except by the Minister or by or with the consent of the Director of Public Prosecutions.
25 Offences—general.
(1) Where a body corporate is guilty of an offence under any of the provisions section 2(2) or 19(5) of this Act and that offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly; and where the body corporate was guilty of the offence in the capacity of licensee under a nuclear site licence or an operator of a relevant disposal site, he shall be so liable as if he, as well as the body corporate, were the licensee or the operator. In this subsection, the expression “director”, in relation to a body corporate established by or under any enactment for the purpose of carrying on under national ownership any industry or part of an industry or undertaking, being a body corporate whose affairs are managed by its members, means a member of that body corporate. (2) Where a body corporate is convicted on indictment of an offence under any of the following provisions of this Act, that is to say, sections 1(3), 2(2), 4(6), 5(4) and 19(5), so much of the provision in question as limits the amount of the fine which may be imposed shall not apply, and the body corporate shall be liable to a fine of such amount as the court thinks just. (3) Proceedings in respect of any offence under section 2(2) or 19(5) of this Act shall not be instituted in England or Wales except by the Minister or by or with the consent of the Director of Public Prosecutions.
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