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| | Tuesday 31st October 2006 |
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| | Corporate Manslaughter and Corporate Homicide Bill
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| | Clause 10, page 7, line 18, at end insert ‘or’. |
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| | Clause 10, page 7, line 19, leave out ‘to have resulted from that breach and’. |
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| | Clause 10, page 7, line 20, at end insert— |
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| | | ‘(1A) | A court may in making an order under subsection (1) impose on the organisation |
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| | | an order (a “Corporate Probation Order”) requiring it to take one or more of the |
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| | | (a) | make restitution to a person for any loss or damage that they suffered as |
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| | | (b) | establish policies, standards and procedures to reduce the likelihood of |
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| | | the organisation committing a subsequent offence; |
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| | | (c) | communicate policies, standards and procedures established under |
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| | | subsection (1A)(b) to its representatives, employees and shareholders; |
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| | | (d) | report to the Court on the implementation of policies, standards and |
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| | | procedures established under subsection (1A)(b); |
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| | | (e) | identify the senior officer who is responsible for compliance with |
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| | | policies, standards and procedures established under subsection (1A)(b); |
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| | | (f) | provide in the manner specified by the court the following information to |
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| | | the public, and require the same to be recorded against the names of the |
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| | | directors of the company in the register at Companies House, namely— |
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| | | (i) | the offence of which the organisation was convicted; |
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| | | (ii) | the sentence imposed by the Court; and |
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| | | (iii) | any measures that the organisation is taking—including policies, |
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| | | standards and procedures established under subsection |
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| | | (1A)(b)—to reduce the likelihood of it committing a subsequent |
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| | | (g) | comply with any reasonable conditions that the Court considers |
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| | | necessary to prevent the organisation from committing subsequent |
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| | | offences or to remedy the harm caused by the offences. |
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| | | (1B) | The Court shall, if it considers it appropriate, appoint another person or body to |
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| | | supervise the implementation of a Corporate Probation Order.’. |
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| | Clause 10, page 7, line 22, leave out ‘prosecution’ and insert ‘Health and Safety |
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| | Clause 10, page 7, line 25, leave out ‘prosecution’ and insert ‘Health and Safety |
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| | Clause 10, page 7, line 26, at end insert ‘and may include reference to a person or |
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| | persons, who are to be responsible for the specified steps being taken’. |
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| | Clause 10, page 7, line 32, at end insert ‘and a person referred to in an order in this |
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| | section may be guilty of contempt, if the specified steps are not taken by the organisation |
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| | in accordance with an order under this section’. |
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| | Page 7, line 15, leave out Clause 10. |
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| | Page 9, line 32, leave out Clause 14. |
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| | Clause 15, page 10, leave out lines 24 to 26. |
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| | Clause 15, page 10, leave out lines 34 to 36. |
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| | Clause 15, page 10, line 37, leave out subsection (5). |
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| | Page 10, line 6, leave out Clause 15. |
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| | Clause 16, page 10, line 41, leave out ‘not’. |
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| | Clause 16, page 11, line 1, leave out ‘not’. |
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| | Page 10, line 39, leave out Clause 16. |
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| | Clause 17, page 11, line 4, leave out ‘cannot’ and insert ‘can’. |
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| | Clause 17, page 11, line 6, leave out ‘cannot’ and insert ‘can’. |
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| | Page 11, line 3, leave out Clause 17. |
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| | Page 12, line 2, leave out Clause 21. |
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| | Page 15, line 3, leave out Schedule 2. |
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| | Page 12, line 4, leave out Clause 22. |
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| | Clause 23, page 12, line 39, at end insert— |
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| | | ‘(4A) | Section 1 also applies if the harm resulting in the death took place outside the |
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| | | United Kingdom, but the conduct set out in section 1(1) of this Act took place |
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| | | within the United Kingdom.’. |
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