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    " (4) For the purposes of these Regulations the relevant officer, as defined by paragraph (3), shall be treated as a corporation sole.

    (5) Where, in a case in which the relevant officer, as so defined, is guilty of an offence under these Regulations, it is proved—


(a) that the office-holder personally consented to the commission of the offence;

(b) that he personally connived in its commission; or

(c) that the commission of the offence was attributable to personal neglect on his part,



the office-holder (as well as the corporation sole) shall be guilty of an offence and shall be liable to be proceeded against and punished accordingly.

    (6) In paragraph (5) above "the office-holder", in relation to the relevant officer, means an individual who, at the time of the consent, connivance or neglect—



(a) held the office or other position mentioned in paragraph (3) above as the office or position of that officer; or

(b) was for the time being responsible for exercising and performing the powers and duties of that office or position.



    (7) In the application of this regulation to Scotland—



(a) paragraph (4) shall have effect as if for the words "corporation sole" there were substituted "distinct juristic person (that is to say, as a juristic person distinct from the individual who for the time being is the office-holder)";

(b) paragraph (5) shall have effect as if for the words "corporation sole" there were substituted "juristic person"; and

(c) paragraph (6) shall have effect as if for the words "paragraph (5)" there were substituted "paragraphs (4) and (5).""

Transitional provision
     3. No person shall be liable by virtue of regulation 41(5) of the Working Time Regulations 1998 in respect of anything occurring before the coming into force of these Regulations.


Hazel Blears
Minister of State

Home Office
8th August 2005

[2] S.I. 1998/1833; to which there have been amendments not relevant to the subject matter of this Order.back

 © Crown copyright 2005