Legislation – Public Authorities (Fraud, Error and Recovery) Act 2025
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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.