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Corporate Manslaughter and Corporate Homicide Act 2007

Corporate Manslaughter and Corporate Homicide Act 2007 s 11

s 11 Application to Crown bodies

(1) An organisation that is a servant or agent of the Crown is not immune from prosecution under this Act for that reason. (2) For the purposes of this Act— (a) a department or other body listed in Schedule 1, or (b) a corporation that is a servant or agent of the Crown, is to be treated as owing whatever duties of care it would owe if it were a corporation that was not a servant or agent of the Crown. (3) For the purposes of section 2— (a) a person who is— (i) employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or (ii) employed by a person whose staff constitute a body listed in that Schedule, is to be treated as employed by that department or body; (b) any premises occupied for the purposes of— (i) a department or other body listed in Schedule 1, or (ii) a person whose staff constitute a body listed in that Schedule, are to be treated as occupied by that department or body. (4) For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself. (5) Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.

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