Pensions Bill

moved Amendments Nos. 97B and 97C: 97B: After Clause 40, insert the following new Clause— ““Offences by bodies corporate (1) Subsection (2) applies where an offence under section 40 committed by a body corporate is proved— (a) to have been committed with the consent or connivance of an officer of the body corporate, or (b) to be attributable to any neglect on the part of an officer of the body corporate. (2) The officer, as well as the body corporate, is guilty of the offence and is liable to be proceeded against and punished accordingly. (3) ““Officer”” in this section means— (a) a director, manager, secretary or other similar officer, or (b) a person purporting to act in such a capacity. (4) Where the affairs of a body corporate are managed by its members, this section applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.”” 97C: After Clause 40, insert the following new Clause— ““Offences by partnerships and unincorporated associations (1) Proceedings for an offence under section 40 alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association. (2) For the purposes of such proceedings— (a) rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate; (b) the following provisions apply in relation to the partnership or association as they apply in relation to a body corporate— (i) section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43); (ii) section 70 of the Criminal Procedure (Scotland) Act 1995 (c. 46). (3) A fine imposed on a partnership or association on its conviction of an offence under section 40 is to be paid out of the funds of the partnership or association. (4) Subsection (5) applies where an offence under section 40 committed by a partnership is proved— (a) to have been committed with the consent or connivance of a partner, or (b) to be attributable to any neglect on the part of a partner. (5) The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly. (6) Subsection (7) applies where an offence under section 40 committed by an unincorporated association is proved— (a) to have been committed with the consent or connivance of an officer of the association, or (b) to be attributable to any neglect on the part of an officer of the association. (7) The officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly. (8) ““Officer”” in this section means— (a) an officer of the association or a member of its governing body, or (b) a person purporting to act in such capacity. (9) ““Partner”” in this section includes a person purporting to act as a partner.”” On Question, amendments agreed to. Clause 41 [Offences of providing false or misleading information]: