Page:Corporate Manslaughter and Corporate Homicide Act 2007.pdf/12

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Corporate Manslaughter and Corporate Homicide Act 2007 (c. 19)

(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.

12 Application to armed forces

(1) In this Act “the armed forces” means any of the naval, military or air forces of the Crown raised under the law of the United Kingdom.

(2) For the purposes of section 2 a person who is a member of the armed forces is to be treated as employed by the Ministry of Defence.

(3) A reference in this Act to members of the armed forces includes a reference to—

(a) members of the reserve forces (within the meaning given by section 1(2) of the Reserve Forces Act 1996 (c. 14)) when in service or undertaking training or duties;
(b) persons serving on Her Majesty’s vessels (within the meaning given by section 132(1) of the Naval Discipline Act 1957 (c. 53)).

13 Application to police forces

(1) In this Act “police force” means—

(a) a police force within the meaning of—
(i) the Police Act 1996 (c. 16), or
(ii) the Police (Scotland) Act 1967 (c. 77);
(b) the Police Service of Northern Ireland;
(c) the Police Service of Northern Ireland Reserve;
(d) the British Transport Police Force;
(e) the Civil Nuclear Constabulary;
(f) the Ministry of Defence Police.

(2) For the purposes of this Act a police force is to be treated as owing whatever duties of care it would owe if it were a body corporate.