Public Authorities (Fraud, Error and Recovery) Act 2025
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Change 1
52 Application to members etc of bodies
(1) Subsection (2) applies where a body is liable to receive a penalty under section 51 by reason of anything which the Minister is satisfied, on the balance of probabilities, was done or not done with the consent or connivance of— (a) a relevant individual in relation to the body, or (b) an individual purporting to act in the capacity of a relevant individual in relation to the body. (2) The Minister may impose a penalty under section 51 on the individual as well as on the body. (3) In this section, “relevant individual” means— (a) in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in relation to any other partnership, a partner; (e) in relation to an unincorporated association, a person who exercises functions of management with respect to it.
52 Application to members etc of bodies
(1) Subsection (2) applies where a body is liable to receive a penalty under section 51 by reason of anything which the Minister is satisfied, on the balance of probabilities, was done or not done with the consent or connivance of— (a) a relevant individual in relation to the body, or (b) an individual purporting to act in the capacity of a relevant individual in relation to the body. (2) The Minister may impose a penalty under section 51 on the individual as well as on the body. (3) In this section, “relevant individual” means— (a) in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body; (b) in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it; (c) in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907); (d) in relation to any other partnership, a partner; (e) in relation to an unincorporated association, a person who exercises functions of management with respect to it.
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