Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
Changes to legislation:
There are currently no known outstanding effects for the Public Authorities (Fraud, Error and Recovery) Act 2025, Section 52.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Part 1Functions exercisable on behalf of public authorities
Chapter 5Civil penalties
52Application 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.