Page:Terrorism Act 2006.pdf/21

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Terrorism Act 2006 (c. 11)
Part 1—Offences
17

18Liability of company directors etc.

(1) Where an offence under this Part is committed by a body corporate and is proved to have been committed with the consent or connivance of—

(a) a director, manager, secretary or other similar officer of the body corporate, or
(b) a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(2) Where an offence under this Part—

(a) is committed by a Scottish firm, and
(b) is proved to have been committed with the consent or connivance of a partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and punished accordingly.

(3) In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

19Consents to prosecutions

(1) Proceedings for an offence under this Part—

(a) may be instituted in England and Wales only with the consent of the Director of Public Prosecutions; and
(b) may be instituted in Northern Ireland only with the consent of the Director of Public Prosecutions for Northern Ireland.

(2) But if it appears to the Director of Public Prosecutions or the Director of Public Prosecutions for Northern Ireland that an offence under this Part has been committed for a purpose wholly or partly connected with the affairs of a country other than the United Kingdom, his consent for the purposes of this section may be given only with the permission—

(a) in the case of the Director of Public Prosecutions, of the Attorney General; and
(b) in the case of the Director of Public Prosecutions for Northern Ireland, of the Advocate General for Northern Ireland.

(3) In relation to any time before the coming into force of section 27(1) of the Justice (Northern Ireland) Act 2002 (c. 26), the reference in subsection (2)(b) to the Advocate General for Northern Ireland is to be read as a reference to the Attorney General for Northern Ireland. Interpretation of Part 1

20Interpretation of Part 1

(1) Expressions used in this Part and in the Terrorism Act 2000 (c. 11) have the same meanings in this Part as in that Act.

(2) In this Part—

“act of terrorism” includes anything constituting an action taken for the purposes of terrorism, within the meaning of the Terrorism Act 2000 (see section 1(5) of that Act);