New Clause 88: Crime and Policing Bill
New Clause 88 - Senior manager liability for failure to meet pollution performance commitment levels
“(1) A person (‘P’) commits an offence where—
(a) P is a senior manager of a water or water and sewerage company (‘C’),
(b) C commits an offence under section [Offence of failing to meet pollution performance commitment levels], and
(c) P has failed to take all reasonable steps to prevent that offence being committed by C.
(2) For the purposes of this section—
‘senior manager’ means an individual who plays a significant role in—
(a) the making of decisions about how C’s relevant activities are to be managed or organised, or
(b) the actual managing or organising of C’s relevant activities;
(3) Where P is charged with an offence under this section, it is a defence for P to show that P was a senior manager of C for such a short time during the relevant period that P could not reasonably have been expected to take steps to prevent that offence being committed by C.
(4) Where P is guilty of an offence under this section, P is liable—
(a) on summary conviction, to a fine;
(b) on conviction on indictment, to a fine.”—(Lisa Smart.)