Section 138 — Nationality, Immigration and Asylum Act 2002: Offence by body

Offence by body 138 1 Subsection (2) applies where an offence under section 137 is committed by a body corporate and it is proved that the offence—

a was committed with the consent or connivance of an officer of the body, or b was attributable to neglect on the part of an officer of the body.

2 The officer, as well as the body, shall be guilty of the offence.

3 In this section a reference to an officer of a body corporate includes a reference to—

a a director, manager or secretary, b a person purporting to act as a director, manager or secretary, and c if the affairs of the body are managed by its members, a member.

4 Where an offence under section 137 is committed by a partnership (other than a limited partnership), each partner shall be guilty of the offence.

5 Subsection (1) shall have effect in relation to a limited partnership as if—

a a reference to a body corporate were a reference to a limited partnership, and b a reference to an officer of the body were a reference to a partner.