(2) An organisation that has been convicted of corporate manslaughter or corporate homicide arising out of a particular set of circumstances may, if the interests of justice so require, be charged with a health and safety offence arising out of some or all of those circumstances.
(3) In this section “health and safety offence” means an offence under any health and safety legislation.
20 Abolition of liability of corporations for manslaughter at common law
The common law offence of manslaughter by gross negligence is abolished in its application to corporations, and in any application it has to other organisations to which section 1 applies.
General and supplemental
21 Power to extend section 1 to other organisations
(1) The Secretary of State may by order amend section 1 so as to extend the categories of organisation to which that section applies.
(2) An order under this section may make any amendment to this Act that is incidental or supplemental to, or consequential on, an amendment made by virtue of subsection (1).
(3) An order under this section is subject to affirmative resolution procedure.
22 Power to amend Schedule 1
(1) The Secretary of State may amend Schedule 1 by order.
(2) A statutory instrument containing an order under this section is subject to affirmative resolution procedure, unless the only amendments to Schedule 1 that it makes are amendments within subsection (3).
In that case the instrument is subject to negative resolution procedure.
(3) An amendment is within this subsection if—
- (a) it is consequential on a department or other body listed in Schedule 1 changing its name,
- (b) in the case of an amendment adding a department or other body to Schedule 1, it is consequential on the transfer to the department or other body of functions all of which were previously exercisable by one or more organisations to which section 1 applies, or
- (c) in the case of an amendment removing a department or other body from Schedule 1, it is consequential on—
- (i) the abolition of the department or other body, or
- (ii) the transfer of all the functions of the department or other body to one or more organisations to which section 1 applies.
23 Power to extend section 2(2)
(1) The Secretary of State may by order amend section 2(2) to make it include any category of person (not already included) who—
