Page:Corporate Manslaughter and Corporate Homicide Act 2007.pdf/14

12 Miscellaneous 15 Procedure, evidence and sentencing

(1) Any statutory provision (whenever made) about criminal proceedings applies, subject to any prescribed adaptations or modifications, in relation to proceedings under this Act against—
 * (a) a department or other body listed in Schedule 1,
 * (b) a police force,
 * (c) a partnership,
 * (d) a trade union, or
 * (e) an employers’ association that is not a corporation,

as it applies in relation to proceedings against a corporation.

(2) In this section—
 * “prescribed” means prescribed by an order made by the Secretary of State;
 * “provision about criminal proceedings” includes—
 * (a) provision about procedure in or in connection with criminal proceedings;
 * (b) provision about evidence in such proceedings;
 * (c) provision about sentencing, or otherwise dealing with, persons convicted of offences;
 * “statutory” means contained in, or in an instrument made under, any Act

or any Northern Ireland legislation.

(3) A reference in this section to proceedings is to proceedings in England and Wales or Northern Ireland.

(4) An order under this section is subject to negative resolution procedure.

16 Transfer of functions

(1) This section applies where—
 * (a) a person’s death has occurred, or is alleged to have occurred, in connection with the carrying out of functions by a relevant public organisation, and
 * (b) subsequently there is a transfer of those functions, with the result that they are still carried out but no longer by that organisation.

(2) In this section “relevant public organisation” means—
 * (a) a department or other body listed in Schedule 1;
 * (b) a corporation that is a servant or agent of the Crown;
 * (c) a police force.

(3) Any proceedings instituted against a relevant public organisation after the transfer for an offence under this Act in respect of the person’s death are to be instituted against—
 * (a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are currently carried out;
 * (b) if no such organisation currently carries out the functions, the relevant public organisation by which the functions were last carried out.

This is subject to subsection (4).