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(3) For the purposes of section 2—
(a) a person who is—
(i) employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or
(ii) employed by a person whose staff constitute a body listed in that Schedule,
is to be treated as employed by that department or body;
(b) any premises occupied for the purposes of—
(i) a department or other body listed in Schedule 1, or
(ii) a person whose staff constitute a body listed in that Schedule,
are to be treated as occupied by that department or body.
(4) For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself.
(5) Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.
(1) In this Act “the armed forces” means any of the naval, military or air forces of the Crown raised under the law of the United Kingdom.
(2) For the purposes of section 2 a person who is a member of the armed forces is to be treated as employed by the Ministry of Defence.
(3) A reference in this Act to members of the armed forces includes a reference to—
(a) members of the reserve forces (within the meaning given by section 1(2) of the Reserve Forces Act 1996 (c. 14)) when in service or undertaking training or duties;
(b) persons serving on Her Majesty’s vessels (within the meaning given by section 132(1) of the Naval Discipline Act 1957 (c. 53)).
(1) In this Act “police force” means—
(a) a police force within the meaning of—
(i) the Police Act 1996 (c. 16), or
(ii) the Police (Scotland) Act 1967 (c. 77);
(b) the Police Service of Northern Ireland;
(c) the Police Service of Northern Ireland Reserve;
(d) the British Transport Police Force;
(e) the Civil Nuclear Constabulary;
(f) the Ministry of Defence Police.
(2) For the purposes of this Act a police force is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(3) For the purposes of section 2—
(a) a member of a police force is to be treated as employed by that force;
(b) a special constable appointed for a police area in England and Wales is to be treated as employed by the police force maintained by the police authority for that area;
(c) a special constable appointed for a police force mentioned in paragraph (d) or (f) of subsection (1) is to be treated as employed by that force;
(d) a police cadet undergoing training with a view to becoming a member of a police force mentioned in paragraph (a) or (d) of subsection (1) is to be treated as employed by that force;
(e) a police trainee appointed under section 39 of the Police (Northern Ireland) Act 2000 (c. 32) or a police cadet appointed under section 42 of that Act is to be treated as employed by the Police Service of Northern Ireland;
(f) a police reserve trainee appointed under section 40 of that Act is to be treated as employed by the Police Service of Northern Ireland Reserve;
(g) a member of a police force seconded to the Serious Organised Crime Agency or the National Policing Improvement Agency to serve as a member of its staff is to be treated as employed by that Agency.
(4) A reference in subsection (3) to a member of a police force is to be read, in the case of a force mentioned in paragraph (a)(ii) of subsection (1), as a reference to a constable of that force.
(5) For the purposes of section 2 any premises occupied for the purposes of a police force are to be treated as occupied by that force.
(6) For the purposes of sections 2 to 7 anything that would be regarded as done by a police force if the force were a body corporate is to be so regarded.
(7) Where—
(a) by virtue of subsection (3) a person is treated for the purposes of section 2 as employed by a police force, and
(b) by virtue of any other statutory provision (whenever made) he is, or is treated as, employed by another organisation,
the person is to be treated for those purposes as employed by both the force and the other organisation.
(1) For the purposes of this Act a partnership is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(2) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of its members).
(3) A fine imposed on a partnership on its conviction of an offence under this Act is to be paid out of the funds of the partnership.
(4) This section does not apply to a partnership that is a legal person under the law by which it is governed.
(1) Any statutory provision (whenever made) about criminal proceedings applies, subject to any prescribed adaptations or modifications, in relation to proceedings under this Act against—
(a) a department or other body listed in Schedule 1,
(b) a police force,
(c) a partnership,
(d) a trade union, or
(e) an employers' association that is not a corporation,
as it applies in relation to proceedings against a corporation.
(2) In this section—
“prescribed” means prescribed by an order made by the Secretary of State;
“provision about criminal proceedings” includes—
provision about procedure in or in connection with criminal proceedings;
provision about evidence in such proceedings;
provision about sentencing, or otherwise dealing with, persons convicted of offences;
“statutory” means contained in, or in an instrument made under, any Act or any Northern Ireland legislation.
(3) A reference in this section to proceedings is to proceedings in England and Wales or Northern Ireland.
(4) An order under this section is subject to negative resolution procedure.
(1) This section applies where—
(a) a person’s death has occurred, or is alleged to have occurred, in connection with the carrying out of functions by a relevant public organisation, and
(b) subsequently there is a transfer of those functions, with the result that they are still carried out but no longer by that organisation.
(2) In this section “relevant public organisation” means—
(a) a department or other body listed in Schedule 1;
(b) a corporation that is a servant or agent of the Crown;
(c) a police force.
(3) Any proceedings instituted against a relevant public organisation after the transfer for an offence under this Act in respect of the person’s death are to be instituted against—
(a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are currently carried out;
(b) if no such organisation currently carries out the functions, the relevant public organisation by which the functions were last carried out.
This is subject to subsection (4).
(4) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.
(5) If the transfer occurs while proceedings for an offence under this Act in respect of the person’s death are in progress against a relevant public organisation, the proceedings are to be continued against—
(a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are carried out as a result of the transfer;
(b) if as a result of the transfer no such organisation carries out the functions, the same organisation as before.
This is subject to subsection (6).
(6) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (5) may be continued against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (5)(a) or (b)) as may be specified in the order.
(7) An order under subsection (4) or (6) is subject to negative resolution procedure.
Proceedings for an offence of corporate manslaughter—
(a) may not be instituted in England and Wales without the consent of the Director of Public Prosecutions;
(b) may not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.
(2) An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.
(1) Where in the same proceedings there is—
(a) a charge of corporate manslaughter or corporate homicide arising out of a particular set of circumstances, and
(b) a charge against the same defendant of a health and safety offence arising out of some or all of those circumstances,
the jury may, if the interests of justice so require, be invited to return a verdict on each charge.
(2) An organisation that has been convicted of corporate manslaughter or corporate homicide arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a health and safety offence arising out of some or all of those circumstances.
(3) In this section “health and safety offence” means an offence under any health and safety legislation.
The common law offence of manslaughter by gross negligence is abolished in its application to corporations, and in any application it has to other organisations to which section 1 applies.
(1) The Secretary of State may by order amend section 1 so as to extend the categories of organisation to which that section applies.
(2) An order under this section may make any amendment to this Act that is incidental or supplemental to, or consequential on, an amendment made by virtue of subsection (1).
(3) An order under this section is subject to affirmative resolution procedure.
(1) The Secretary of State may amend Schedule 1 by order.
(2) A statutory instrument containing an order under this section is subject to affirmative resolution procedure, unless the only amendments to Schedule 1 that it makes are amendments within subsection (3).
In that case the instrument is subject to negative resolution procedure.
(3) An amendment is within this subsection if—
(a) it is consequential on a department or other body listed in Schedule 1 changing its name,
(b) in the case of an amendment adding a department or other body to Schedule 1, it is consequential on the transfer to the department or other body of functions all of which were previously exercisable by one or more organisations to which section 1 applies, or
(c) in the case of an amendment removing a department or other body from Schedule 1, it is consequential on—
(i) the abolition of the department or other body, or
(ii) the transfer of all the functions of the department or other body to one or more organisations to which section 1 applies.
(1) The Secretary of State may by order amend section 2(2) to make it include any category of person (not already included) who—
(a) is required by virtue of a statutory provision to remain or reside on particular premises, or
(b) is otherwise subject to a restriction of his liberty.
(2) An order under this section may make any amendment to this Act that is incidental or supplemental to, or consequential on, an amendment made by virtue of subsection (1).
(3) An order under this section is subject to affirmative resolution procedure.
(1) A power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.
(2) Where an order under this Act is subject to “negative resolution procedure” the statutory instrument containing the order is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Where an order under this Act is subject to “affirmative resolution procedure” the order may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(4) An order under this Act—
(a) may make different provision for different purposes;
(b) may make transitional or saving provision.
In this Act—
“armed forces” has the meaning given by section 12(1);
“corporation” does not include a corporation sole but includes any body corporate wherever incorporated;
“employee” means an individual who works under a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing), and related expressions are to be construed accordingly; see also sections 11(3)(a), 12(2) and 13(3) (which apply for the purposes of section 2);
“employers' association” has the meaning given by section 122 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 4 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
“enforcement authority” means an authority responsible for the enforcement of any health and safety legislation;
“health and safety legislation” means any statutory provision dealing with health and safety matters, including in particular provision contained in the Health and Safety at Work etc. Act 1974 (c. 37) or the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9));
“member”, in relation to the armed forces, is to be read in accordance with section 12(3);
“partnership” means—
a partnership within the Partnership Act 1890 (c. 39), or
a limited partnership registered under the Limited Partnerships Act 1907 (c. 24),
or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom;
“police force” has the meaning given by section 13(1);
“premises” includes land, buildings and moveable structures;
“public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that section);
“publicity order” means an order under section 10(1);
“remedial order” means an order under section 9(1);
“statutory provision”, except in section 15, means provision contained in, or in an instrument made under, any Act, any Act of the Scottish Parliament or any Northern Ireland legislation;
“trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 3 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)).
Schedule 2 (minor and consequential amendments) has effect.
(1) The preceding provisions of this Act come into force in accordance with provision made by order by the Secretary of State.
(2) An order bringing into force paragraph (d) of section 2(1) is subject to affirmative resolution procedure.
(3) Section 1 does not apply in relation to anything done or omitted before the commencement of that section.
(4) Section 20 does not affect any liability, investigation, legal proceeding or penalty for or in respect of an offence committed wholly or partly before the commencement of that section.
(5) For the purposes of subsection (4) an offence is committed wholly or partly before the commencement of section 20 if any of the conduct or events alleged to constitute the offence occurred before that commencement.
(1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) An amendment made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.
(3) Section 1 applies if the harm resulting in death is sustained in the United Kingdom or—
(a) within the seaward limits of the territorial sea adjacent to the United Kingdom;
(b) on a ship registered under Part 2 of the Merchant Shipping Act 1995 (c. 21);
(c) on a British-controlled aircraft as defined in section 92 of the Civil Aviation Act 1982 (c. 16);
(d) on a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c. 59);
(e) in any place to which an Order in Council under section 10(1) of the Petroleum Act 1998 (c. 17) applies (criminal jurisdiction in relation to offshore activities).
(4) For the purposes of subsection (3)(b) to (d) harm sustained on a ship, aircraft or hovercraft includes harm sustained by a person who—
(a) is then no longer on board the ship, aircraft or hovercraft in consequence of the wrecking of it or of some other mishap affecting it or occurring on it, and
(b) sustains the harm in consequence of that event.
This Act may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007.
Corporate Manslaughter and Corporate Homicide Act 2007