(4) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—
- (a) the organisation mentioned in subsection (1), or
- (b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.
(5) If the transfer occurs while proceedings for an offence under this Act in respect of the person’s death are in progress against a relevant public organisation, the proceedings are to be continued against—
- (a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are carried out as a result of the transfer;
- (b) if as a result of the transfer no such organisation carries out the functions, the same organisation as before.
This is subject to subsection (6).
(6) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (5) may be continued against—
- (a) the organisation mentioned in subsection (1), or
- (b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (5)(a) or (b)) as may be specified in the order.
(7) An order under subsection (4) or (6) is subject to negative resolution procedure.
17 DPP’s consent required for proceedings
Proceedings for an offence of corporate manslaughter—
- (a) may not be instituted in England and Wales without the consent of the Director of Public Prosecutions;
- (b) may not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
18 No individual liability
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.
(2) An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.
19 Convictions under this Act and under health and safety legislation
(1) Where in the same proceedings there is—
- (a) a charge of corporate manslaughter or corporate homicide arising out of a particular set of circumstances, and
- (b) a charge against the same defendant of a health and safety offence arising out of some or all of those circumstances,
the jury may, if the interests of justice so require, be invited to return a verdict on each charge.
