Disability Discrimination Act 1995

48 Offences by bodies corporate etc.U.K.

(1)Where an offence under section 40 [F1or 46] committed by a body corporate is committed with the consent or connivance of, or is attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in such a capacity, he as well as the body corporate is guilty of the offence.

(2)In subsection (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

(3)Where, in Scotland, an offence under section 40 [F2or 46] committed by a partnership or by an unincorporated association other than a partnership is committed with the consent or connivance of, or is attributable to any neglect on the part of, a partner in the partnership or (as the case may be) a person concerned in the management or control of the association, he, as well as the partnership or association, is guilty of the offence.

Extent Information

E1In its application to Northern Ireland, this section has effect subject to the modifications set out in Sch. 8; see s. 70(6)

Textual Amendments

F1Words in s. 48(1) repealed (E.W.S.) (22.2.2010 for certain purposes, otherwise 6.4.2010) by Disability Discrimination Act 2005 (c. 13), ss. 19(2), 20(3)-(6), Sch. 2; S.I. 2010/341, art. 2(1)(c)(2)(c)

F2Words in s. 48(3) repealed (E.W.S.) (22.2.2010 for certain purposes, otherwise 6.4.2010) by Disability Discrimination Act 2005 (c. 13), ss. 19(2), 20(3)-(6), Sch. 2; S.I. 2010/341, art. 2(1)(b)(c)(2)(b)(c)

Commencement Information

I1S. 48 fully in force at 21.1.2003; s. 48 not in force at Royal Assent see s. 70(3)(6), Sch. 8 para. 48(1); s. 48 in force for certain purposes (E.W.S.) at 13.5.1998 by S.I. 1998/1282, art. 2; s. 48 in force for certain purposes (N.I.) at 13.5.1998 by S.R. 1998/183, art. 2; s. 48 in force (E.W.S.) at 30.8.2000 to the extent not previously in force by S.I. 2000/1969, art. 2; s. 48 in force (N.I.) at 21.1.2003 to the extent not previously in force by S.R. 2003/24, art. 2