Hello,Joey82



I think with the P and G thing you MUST! first be invited, they will send you an email after your application online for you to take a Test in their Office in lagos, its based on the outcome of that text and an interview, you will be invited to perticipate in the SCL Seminar.



So try check your mail or email the Victor Guy thats on that email i posted above and find out more about your application. you still have b/w Now and Monday, so Just give it a shot and see what turn out. Cheers and all the best

See what happens if we continue to expose our children to movies!!!

This is an experiment of corruption in the craziest degree.

There age? You can guess. <?xml:namespace prefix = st1 ns = "urn:schemas-microsoft-com:office:smarttags" />A street surveillance camera captured them.

Let us all act to preserve our children's innocence;ensuring we set prenatal control for channels that will unduly expose them to the scenes below, so doing, preserve their purity.



DAMAGES DSTV/HOME VIDEO CAN DO…























Please, set prenatal control!!

Some and I mean a few Nigerians can be unruly and some times conduct them self with out respect for them selves or others, but that’s a very minute few,  and I think each nation has its fair share of such types.

So don’t trade issues with anyone cursing, abusing and calling Nigeria or Nigerians a living hell.

To (almondjoy) scrub all you want you still a black, Nigerian woman!

Before you criticize Nigeria and Nigerians next, get the facts…

Read this





'A world of casual racism' exposed at BA

Senior BA pilot exposes shocking cockpit culture of Britain's flag carrier
Source the Daily Independent . UK

ABy Andy McSmith
Saturday, 26 April 2008


A senior British Airways pilot reveals today the startling levels of casual racism in the flagship UK company, which once famously claimed to be "the world's favourite airline".


Captain Doug Maughan, who has 28 years' flying experience, including 15 years with BA, says that derogatory remarks about race by his colleagues are so common they are treated as normal.

Mr Maughan, a serving pilot who captains BA aircraft to all parts of the world, has decided to go public with his complaints after struggling to persuade BA's management to take racism among its senior staff seriously. He has complained by email to BA's chief executive, Willie Walsh, but says no action was taken.

His allegations are an acute embarrassment for the airline which carries 36 million passengers a year; operates out of airports in every continent; and could plausibly claim to be one of Britain's most high-profile companies. The airline is already threatened with a boycott by Nigerians flying to and from the UK.
Mr Maughan alleges that racism is a "generational" problem – common among middle-aged pilots, but rare among younger pilots.

He lodged his first complaint after hearing a senior training captain use the word "coon" during a training session on a flight simulator – but says that no action was taken.

"There was the time when we set off for Los Angeles with a large party of Saudis on board, who had joined us at Heathrow direct from the VIP lounge," he added. "In the cruise, my captain suddenly embarked on an extraordinary rant about 'rag-heads'. He got the word out twice before I stopped him by explaining he was going to be short of a first officer for the return sector if he carried on."

Mr Maughan, who lives in Dunblane, Perthshire, was on another flight when a fellow flight officer complained that there were too many Asians in Britain. "The captain turned to me and said: 'I don't suppose there are many of them up your way.' I replied: 'Well, there's my wife.' After that, they had the decency to fall silent," he said.

He has also complained about abusive emails sent to him by a fellow pilot, who is English. One of the emails said: "Come separation, will all Jocks F. off to that Welfare State (paid for by English middle classes) Please say yes."

Mr Maughan, 53, is so exasperated by what he sees as BA management's refusal to tackle the problem that he is planning a protest at this year's annual shareholders' meeting. "It's what I'd call a canteen culture," he said. "It seems to be accepted that people are going to make racist remarks and get away with it. The phrase 'institutional racism' has been so over-used as to be almost worthless, but I have to say that racism is as prevalent now in BA as it was in the RAF 25 years ago.

"What is common among white flying crew in BA is the use of mildly derogatory, sometimes jokey, language about other races, mainly aimed at black and Asian groups. Because it's so common, it's hard to tackle: it's ,  the norm and rarely even noticed."

BA said: "All British Airways employees must adhere to our policies concerning dignity at work. Under these policies we encourage employees to report incidences of racism, sexism or any other behaviour that they deem offensive or inappropriate. Any reports of such behaviour are taken extremely seriously and investigated as a matter of priority. Captain Maughan has a duty as an employee to provide details of any alleged inappropriate behaviour direct to the airline."

Mr Maughan's revelations come as BA's treatment of Nigerian passengers threatens to have diplomatic repercussions. Robert Dewar, the British high commissioner to Nigeria, has been summoned to the Ministry of Foreign Affairs to be warned that Nigeria expects its citizens to be treated with "dignity". And a meeting between BA representatives and the director general of the Nigeria Civil Aviation Authority, Harold Demuren, broke up when Dr Demuren objected that BA had slighted him by sending junior managers.

Nigeria's President, Umaru Yar'Adua, has ordered an investigation into an incident at Heathrow in which 136 passengers were turned off a BA flight to Lagos. It developed as immigration officers and BA staff were trying to force a man who was being deported to stay on board against his will. The deportee, Augustine Eme, is a member of Massob, a banned organisation in Nigeria campaigning for independence for the region of Biafra.

A fellow passenger, Ayodeji Omotade, from Chatham, objected to Mr Eme's treatment and was arrested. Mr Omotade's arrest triggered more protests, until the BA captain ordered every passenger in economy class off the plane. BA has defended the decision to empty the aircraft saying that it was legally obliged to carry passengers such as Mr Eme. It said a large number of passengers on flight BA75 on 27 March became disruptive; that it was not possible to pinpoint which ones were involved; and that the police and crew agreed it could pose a safety risk to allow them to stay on board.

BA's other troubles

*TERMINAL 5

BA's biggest disaster in recent years was the botched opening of Heathrow Terminal 5 on 27 March. More than 500 flights were cancelled after a hi-tech baggage handlinge system malfunctioned. The fiasco cost the airline £16m, and, combined with rising oil prices, caused its share price to fall to its lowest level in four years. Chief executive Willie Walsh resisted calls for his resignation.

*Gate Gourmet

In August 2005, the catering firm Gate Gourmet, which wanted redundancies among its full-time staff, brought in 130 temporary staff to handle the holiday workload. The firm's 600 staff went out on unofficial strike, and were sacked. About 1,000 BA staff walked out in sympathy.As a result, 900 flights were grounded and BA lost £45m.

*The crucifix

BA was threatened with a boycott by protesting Christians, after Nadia Eweida, a check-in worker, was suspended for refusing to remove her crucifix at work.



Related Articles
Robert Fisk: It's easy to be snotty with an airline so haughty that it regards its own customers as an inconvenience
Leading article: Plane offensive

P&G Procter and Gamble Nigeria Open Logistics and Supply Chain Mgt Seminar


See the Details below, act fast apply Online via the Link below


Supply Chain and Logistics Seminar Nigeria (SCL) 2008-CS 00001218

Description
The SCL is a one day working session that was established to help gain practical experience in the supply chain management and administration skills in students/individuals who are interested in building their career in this field. The 1st edition of the annual seminar in Nigeria will be held on Tuesday , May 6th, 2008 at the P&G Office in Lagos Nigeria. Travel and accommodation expenses for all participants will be paid by P&G (Where applicable).

During this event, you and other excellent students from around Nigeria will run a multinational business, developing your management and supply chain / logistics skills by working in teams and interacting with experienced P&G executives. The SCL is an opportunity for you to learn within P&G.

The SCL will expose you to a real life business case study, which challenges you to develop strategies and drive decisions together with top students from all over the nation.

The Supply Chain and Logistics Seminar will give you the opportunity to:
- Develop your Supply chain and Integrated logistics skills.
- Forecast Demand and own Supply plans.
- Test yourself in an international business environment.
- Interact with fellow students and experienced P&G executives to solve the types of business challenges and management issues you would face when working in an international organization like Procter & Gamble.

We don’t communicate many details about the content upfront, as part of the challenge is to cope with the many surprises that you will encounter during the seminar. So, don’t miss this unforgettable global experience!

Testimonials from other P&G Seminars :
"Fun loving professionals" is how I would define the European Financial Seminar experience in general and P&G in particular. The EFS is a great experience, and grants one with hte true multinational experience you can get anywhere in the world. Meeting people of diverse cultural background and sharing with them is one experience I will love to have over and over again. Ronke Osinnuwa Nigeria.

Qualifications
Application is only open to;
Students graduating in the 2007/2008 and 2008/2009 academic session with career interest in Supply Chain / Integrated Logistics.
B.Sc.degree holders with not more than 18 months experience in Supply Chain Management / Logistics / Warehousing / Distribution.

If you have any specific question, please contact Victor Adebayo at adebayo.vf@pg.com




Job A Student Program/Seminar
Primary Location Nigeria-Lagos-Lagos
Other Locations
Schedule Part-time
Job Type Temporary Work

Click.

https://pg.taleo.net/careersection/careersection/10000/jobdetail.ftl


All the Best, See U there.

Theres two side to a story so See MTN response.


From: Customerservice [mailto:Custome@mtnnigeria.net]
Sent: Friday, April 18, 2008 10:55 PM
To: Wills
Cc: #BOS
Subject: RE: dissatisfied customer



Dear Wills

Thank you for your mail

We honestly appreciate how you feel. Kindly furnish us with your phone numberand lets look at it critical.

Thank you for choosing MTN

Regards
Tope

my email to MTN custormer care.


MTN The erratic nature of your Net work and the fact that I also spend hard earned money, to buy recharge cards and can not load to make calls especially when such calls are urgent, only leaves one frustrated., and I wonder how MTN makes life better with all you say in your TV and Radio commercials. MTN it’s a shame!

From one very dissatisfied customer.



If just like me you are pissed off by MTN's rip off, then
Join me and say it like you feel send an email to
Customerservice@mtnnigeria.net

i dont really know anyone working in the banking sector, but i will try to see how i can get the word around.

cheers.

and Thanks for using the Thread

--------------------------------------------------------------------------------
Dear People,
Good day, I am interested in taking an SAP course relevant to my chosen career field (logistics/SCM) and have been on this for a while now.


I presently work for an integrated logistics support services provider (3PL) , I believe taking SAP course will better increase my knowledge of a premium ERP in managing Logistic, procurement and the supply chain and also advance my career quest

Running an SAP course on your own; with out support from your employer, can be an Herculean task financially, we are talking of a total cost in the range of six figures by the time you one is through with the required Module’s for the business function you so chose


So that’s why I am making this post, I believe we do have NL presently using SAP and working with organization that have deployed this software.
My questions, on a general Note is,

1. is SAP that “Hot” that all the major multinationals in most sectors use it
2. what advice can you give to a novice that is about taking an SAP certification to Better position once self, in taking advantage of employment opportunities where SAP certifications is required.

Down to specifics if there’s SAP user in the following modules, I will be more than glad if you can offer me some more personal advice and info in PM.
• Supply chain management --
• Supplier relationship management --


Expecting replies, and thanks for your time!

Dear People,
Good day, I am interested in taking an SAP course relevant to my chosen career field (logistics/SCM) and have been on this for a while now.


I presently work for an integrated logistics support services provider (3PL) , I believe taking SAP course will better increase my knowledge of a premium ERP in managing Logistic, procurement and the supply chain and also advance my career quest

Running an SAP course on your own; with out support from your employer, can be an Herculean task financially we are talking of a total cost in the range of six figures by the time you one is through with the required Module’s for the business function you so chose


So that’s why I am making this post, I believe we do have Nairalanders presently using SAP and working with organization that have deployed this software.
My questions, on a general Note is,

1. is SAP that “Hot” that all the major multinationals in most sectors use it
2. How can and what can you advice a novice that about taking an SAP certification to Better position once self, in taking advantage of employment opportunities where SAP certifications is required.

Down to specifics if there’s SAP user in the following modules, I will be more than glad if you can offer me some more personal advice and info in private.
• Supply chain management --
• Supplier relationship management --


Expecting a reply, and thanks for your time!

Office Lead, English Speaking West Africa - Nigeria


This position will be located Lagos, Nigeria.

The area: Market and Business Development - Africa
Google's Market and Business Development team was created to pursue technology-driven initiatives in Africa that will have a meaningful impact on the continent's development. We're dedicated to developing business and partnerships with a range of organizations as well as driving the localization of Google products to local markets. Presently, these positions are located in the countries of Rwanda, Senegal, Nigeria, Ghana, Uganda and Tanzania.

The role : Office Lead, English Speaking West Africa - Nigeria
As Office Lead, you'll essentially be Google's country leader, representing the company in all of our major business development and partnership opportunities and serving as the voice of the Nigeriaan user at Google. You're a visionary and a leader with solid technical skills and experience in managing a variety of technical projects. Additionally, you're innovative and business-savvy. You bring a solid understanding of the country's information and technology communications ecosystem, and you'll quickly be able to recruit and manage a team.

Responsibilities:
Scout market development opportunities and recommend specific initiatives that correspond with Google’s mission, values and capabilities
Optimize the local infrastructure by leading the company's technology-driven initiatives in Africa that will have a meaningful impact on development on the continent
Adapt Google services and products to the local market
Provide superior technical oversight of local Google projects
Provide a strong communication link to Google’s other offices around the world
Requirements:
BA or BS degree (computer science preferred)
A thorough understanding of the Nigerian information and technology communications ecosystem, including backbone infrastructure, last-mile access and local content
Experience working with local telcos, ISPs and mobile operators
Ability to recruit and manage a world-class team
Demonstrable technical leadership
Strong local relationships in the private and public sectors

Exceptional interpersonal and communications skills, and experience with negotiating and partner management
For immediate consideration, please send a text (ASCII), PDF, Word or HTML version of your CV in English to jobs@google.com. Important: the subject field of your email must include Office Lead, English Speaking West Africa - Nigeria.

The Adventure of Many Lifetimes
   
Apply to be a Virgle pioneer

Take the questionnaire now

An invitation.
Earth has issues, and it's time humanity got started on a Plan B. So, starting in 2014, Virgin founder Richard Branson and Google co-founders Larry Page and Sergey Brin will be leading hundreds of users on one of the grandest adventures in human history: Project Virgle, the first permanent human colony on Mars.

The question is, do you want to join us?

The Adventure of Many Lifetimes

Apply to be a Virgle pioneer

Take the questionnaire now

An invitation.
Earth has issues, and it's time humanity got started on a Plan B. So, starting in 2014, Virgin founder Richard Branson and Google co-founders Larry Page and Sergey Brin will be leading hundreds of users on one of the grandest adventures in human history: Project Virgle, the first permanent human colony on Mars.

The question is, do you want to join us?

http://www.google.com/virgle/index.html


For thousands of years,
the human race has spread out across the Earth, scaling mountains and plying the oceans, planting crops and building highways, raising skyscrapers and atmospheric CO2 levels, and observing, with tremendous and unflagging enthusiasm, the Biblical injunction to be fruitful and multiply across our world's every last nook, cranny and subdivision.

Halliburton Energy services PH.

JOB VAC. service supervisor cementing

BSC/HND, 6 yrs experience in cementing operation in the oil and gas sector

Send applications. With certificates, NYSC discharge, OL levels, intents in writing plus, emails telephones in confidence on your Cover later including your résumé,
Quoting “service supervisor cementing 2008”

Send application to
The Human resource Lead
P. O. Box 462
Port Harcourt Rivers state

For more details on this Job responsibility and other info, see The Guardian Newspaper Tuesday April 1, 2008

Posting Title: LEGAL ASSISTANT Req ID: 20773

--------------------------------------------------------------------------------

Division: BAKER HUGHES CORPORATE
End Date: None

City, State: LAGOS,
Country: Nigeria

Requirements

--------------------------------------------------------------------------------


Overview:
As a leader in the oilfield services industry, Baker Hughes offers opportunities for qualified people who want to grow in our high performance organization. Baker Hughes’ seven divisions provide products and services for oil and gas wells. Our leading technologies – and our ability to apply them safely and effectively – create value for our customers and our shareholders. Engineers, scientists, technicians and business professionals can make their careers at Baker Hughes in research, development, manufacturing, field operations, sales, finance, IT, marketing and human resources.



Responsibilities:
Under direct supervision of one or more attorneys, performs administrative tasks in support of legal operations. Performs a variety of duties, such as database administration, legal fee analysis, report development, file organization, and legal research. Frequently involved in special projects.



Skill Requirements:

Knowledge of legal terminology and processes; basic understanding of matter management; strong computer skills; strong communication skills; highly organized.



Exp 5yr+

Qualification- in Law


link


https://bakerhughes.recruitmax.com/MAIN/careerportal/Job_Profile.cfm?szOrderID=20773&szReturnToSearch=1&szWordsToHighlight

Vacancy Title Closing, Date , Location , Vacancy, Type

Contracts & Compliance Manager, Lagos, Nigeria 30th April 2008 Nigeria Full Time

Exploration Geologist 18th April 2008 Nigeria Full Time

Exploration Geologist 18th April 2008 Nigeria Full Time

Geoscientists 4th April 2008 UK, Kazakhstan, Norway, Nigeria, India Full Time



To find out more about specific opportunities or to apply for them please click on


https://atsv7.wcn.co.uk/company/bggroup06/extranet.cgi?owner=20802&ownertype=fair&location_code=153&posting_code=10&jcodeslist=1059668,1059987,1060021,1060181&priority_order=1&option=result_search

efuah:

Oh my lard! i wish i cld reply to your post but tooooo much. . . i no fit finish.

Ok, at least just read the first part its comprehensive and straight forward

Cooperate Manslaughter Bill
(A must and urgent Bill to be drawn up, Debated and passed in the national assembly)

What is 'corporate manslaughter'?
A company acts through the human agency of its directors, managers and staff. Where a company due to grossly negligent act or omission by a person(s) who is the “controlling mind” of the company results in the immediate cause of death of its employees, the public or other individual, it can be considered an act of corporate manslaughter.
In order to convict a company of manslaughter it must be shown that a causal link existed between a grossly negligent act or omission by a person who is the “controlling mind” of the company and the immediate cause of death.
It is difficult to envisage circumstances in which a company will be involved in “voluntary manslaughter” Corporate manslaughter will, therefore, normally be considered in the context of “involuntary manslaughter by means of gross negligence”.
The House of Lords (UK) laid down a four stage test for involuntary manslaughter by means of a grossly negligent act or omission which must be considered also in the Nigerian context (R.v. Adomako (1995) 1 AC 171)

• Did the defendant owe a duty of care towards the victim who has died?
• If so, has the defendant breached that duty of care?
• Has such breach caused the victim's death? (The law of negligence must be applied to ascertain whether or not there has been a breach of the duty);
• If so, was that breach of duty so bad as to amount, when viewed objectively, to gross negligence warranting a criminal conviction?
There are a wide variety of circumstances in which these considerations may need to be given to indicting a company for manslaughter arising out of its operations. The victims of fatal accidents may be employees or customers of the company in question or members of the public. Common examples are:
• Work-related fatal accidents arising out of unsafe systems of work.
• Fatal accidents resulting from the provision of unsafe goods or services.
• Fatal road traffic accidents in cases where company or its contractor’s vehicles are unsafe.( Ever so common in Nigeria)

Companies and Fatal Road Traffic Accidents
Fatal road accidents involving road haulage or petroleum products transport companies cause much public anxiety.
We have seen many cases in the country where death has resulted from a road traffic accident caused by a defective vehicle, over worked truck drivers, poor strapping of Loads, e.g. carets, pipes and containers on trucks.
Where the company, through one of its controlling officers, was responsible for any lack of maintenance of the vehicle concerned and insistence on the continued working of a stress and fatigue drivers such organization should be held liable.

Role of the, under listed bodies must as a mater of urgency be re evaluated

The Health and Safety Executive (HSE) public and private.
The Nigerian Police
Federal road safety commissions
Various state road safety monitoring agencies

What penalties will a company face in a case of Corporate Manslaughter?
Penalties should include an unlimited fine, remedial orders and publicity orders. Such remedial order will require an organisation to take steps to remedy any management failure that led to death.
The court can impose an order publicising the fact the company has been convicted of the offence, providing details, the amount of any fine imposed and the terms of any remedial order made.


Final comments
Many individuals/organizations ,both Nigerian and foreign companies are just profit centered, they post huge profits annually and yet they have employees who are over work, and under pay Nigerians and work with poor or faulty tools ,equipments and gadgets.
With the further invasion of the Nigerian economy by the
Chinese
Indians
Lebanese, other foreigners and the Ongoing push for Nigerianization and Nigerian content in the Oil and gas sectors this bill and its enforcement when passes is a must.















Further reading on this issue. If you have the time go thru.
The UK Corporate Manslaughter and Corporate Homicide Act 2007
For the first time, companies and organizations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
This Act, comes into force on 6 April 2008 and it clarifies the criminal liabilities of companies including large organizations where serious failures in the management of health and safety result in a fatality.
The offence
(1) An organization to which this section applies is guilty of an offence if the way in which its activities are managed or organized—
(a) Causes a person’s death, and
(b) Amounts to a gross breach of a relevant duty of care owed by the organization to the deceased.

(2) The organizations to which this section applies are—
(a) A corporation
(b) A department or other body
(c) A police force;
(d) A partnership, or a trade union or employers' association, that is an employer.

(3) An organization is guilty of an offence under this section only if the way in which its activities are managed or organized by its senior management is a substantial element in the breach referred to in subsection (1)

(4) For the purposes of this Act—
(a) “Relevant duty of care” has the meaning given by section 2, read with sections 3 to 7;
(b) a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances;
(c) “Senior management”, in relation to an organisation, means the persons who play significant roles in—
(i) The making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or
(ii) The actual managing or organising of the whole or a substantial part of those activities.
(5) The offence under this section is called—
(a) Corporate manslaughter, in so far as it is an offence under the law of England and Wales or Northern Ireland;
(b) Corporate homicide, in so far as it is an offence under the law of Scotland.
(6) An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to a fine.
(7) The offence of corporate homicide is indictable only in the High Court of Justiciary.
Relevant duty of care
2 Meaning of “relevant duty of care”
(1) A “relevant duty of care”, in relation to an organisation, means any of the following duties owed by it under the law of negligence—
(a) A duty owed to its employees or to other persons working for the organisation or performing services for it;
(b) A duty owed as occupier of premises;
(c) a duty owed in connection with—
(i) The supply by the organisation of goods or services (whether for consideration or not),
(ii) The carrying on by the organisation of any construction or maintenance operations,
(iii) The carrying on by the organisation of any other activity on a commercial basis, or
(iv) The use or keeping by the organisation of any plant, vehicle or other thing;
(d) A duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organisation is responsible.
(2) A person is within this subsection if—
(a) He is detained at a custodial institution or in a custody area at a court or police station;
(b) He is detained at a removal centre or short-term holding facility;
(c) He is being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements;
(d) He is living in secure accommodation in which he has been placed;
(e) He is a detained patient.
(3) Subsection (1) is subject to sections 3 to 7.
(4) A reference in subsection (1) to a duty owed under the law of negligence includes a reference to a duty that would be owed under the law of negligence but for any statutory provision under which liability is imposed in place of liability under that law.
(5) For the purposes of this Act, whether a particular organisation owes a duty of care to a particular individual is a question of law.
The judge must make any findings of fact necessary to decide that question.
(6) For the purposes of this Act there is to be disregarded—
(a) Any rule of the common law that has the effect of preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct;
(b) Any such rule that has the effect of preventing a duty of care from being owed to a person by reason of his acceptance of a risk of harm.
(7) In this section—
• “construction or maintenance operations” means operations of any of the following descriptions—
(a)
Construction, installation, alteration, extension, improvement, repair, maintenance, decoration, cleaning, demolition or dismantling of—
(i)
Any building or structure,
(ii)
Anything else that forms, or is to form, part of the land, or
(iii)
Any plant, vehicle or other thing;
(b)
Operations that form an integral part of, or are preparatory to, or are for rendering complete, any operations within paragraph (a);
• “custodial institution” means a prison, a young offender institution, a secure training centre, a young offenders institution, a young offenders centre, a juvenile justice centre or a remand centre;
• “detained patient” means—
(a)
a person who is detained in any premises under—
(i)
Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”), or
(ii)
Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);
(b)
A person who (otherwise than by reason of being detained as mentioned in paragraph (a)) is deemed to be in legal custody by—
(i)
Section 137 of the 1983 Act,
(ii)
Article 131 of the 1986 Order, or
(iii)
article 11 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078);
(c)
a person who is detained in any premises, or is otherwise in custody, under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or who is detained in a hospital under section 200 of that Act of 1995;
• “immigration escort arrangements” means arrangements made under section 156 of the Immigration and Asylum Act 1999 (c. 33);
• “the law of negligence” includes—
(a)
in relation to England and Wales, the Occupiers' Liability Act 1957 (c. 31), the Defective Premises Act 1972 (c. 35) and the Occupiers' Liability Act 1984 (c. 3);
(b)
in relation to Scotland, the Occupiers' Liability (Scotland) Act 1960 (c. 30);
(c)
in relation to Northern Ireland, the Occupiers' Liability Act (Northern Ireland) 1957 (c. 25), the Defective Premises (Northern Ireland) Order 1975 (S.I. 1975/1039 (N.I. 9)), the Occupiers' Liability (Northern Ireland) Order 1987 (S.I. 1987/1280 (N.I. 15)) and the Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 (c. 10);
• “prison escort arrangements” means arrangements made under section 80 of the Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the Criminal Justice and Public Order Act 1994 (c. 33);
• “removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
• “secure accommodation” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.
3 Public policy decisions, exclusively public functions and statutory inspections
(1) Any duty of care owed by a public authority in respect of a decision as to matters of public policy (including in particular the allocation of public resources or the weighing of competing public interests) is not a “relevant duty of care”.
(2) Any duty of care owed in respect of things done in the exercise of an exclusively public function is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(3) Any duty of care owed by a public authority in respect of inspections carried out in the exercise of a statutory function is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(4) In this section—
• “exclusively public function” means a function that falls within the prerogative of the Crown or is, by its nature, exercisable only with authority conferred—
(a)
by the exercise of that prerogative, or
(b)
by or under a statutory provision;
• “statutory function” means a function conferred by or under a statutory provision.
4 Military activities
(1) Any duty of care owed by the Ministry of Defence in respect of—
(a) Operations within subsection (2),
(b) Activities carried on in preparation for, or directly in support of, such operations, or
(c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of the armed forces with respect to such operations,
is not a “relevant duty of care”.
(2) The operations within this subsection are operations, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of the armed forces come under attack or face the threat of attack or violent resistance.
(3) Any duty of care owed by the Ministry of Defence in respect of activities carried on by members of the special forces is not a “relevant duty of care”.
(4) In this section “the special forces” means those units of the armed forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.
5 Policing and law enforcement
(1) Any duty of care owed by a public authority in respect of—
(a) Operations within subsection (2),
(b) Activities carried on in preparation for, or directly in support of, such operations, or
(c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of officers or employees of the public authority with respect to such operations,
is not a “relevant duty of care”.
(2) Operations are within this subsection if—
(a) They are operations for dealing with terrorism, civil unrest or serious disorder,
(b) They involve the carrying on of policing or law-enforcement activities, and
(c) Officers or employees of the public authority in question come under attack, or face the threat of attack or violent resistance, in the course of the operations.
(3) Any duty of care owed by a public authority in respect of other policing or law-enforcement activities is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(4) In this section “policing or law-enforcement activities” includes—
(a) Activities carried on in the exercise of functions that are—
(i) Functions of police forces, or
(ii) Functions of the same or a similar nature exercisable by public authorities other than police forces;
(b) Activities carried on in the exercise of functions of constables employed by a public authority;
(c) Activities carried on in the exercise of functions exercisable under Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) (protection of witnesses and other persons);
(d) Activities carried on enforcing any provision contained in or made under the Immigration Acts.
6 Emergencies
(1) Any duty of care owed by an organisation within subsection (2) in respect of the way in which it responds to emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(2) The organisations within this subsection are—
(a) A fire and rescue authority in England and Wales;
(b) A fire and rescue authority or joint fire and rescue board in Scotland;
(c) The Northern Ireland Fire and Rescue Service Board;
(d) Any other organisation providing a service of responding to emergency circumstances either—
(i) In pursuance of arrangements made with an organisation within paragraph (a), (b) or (c), or
(ii) (if not in pursuance of such arrangements) otherwise than on a commercial basis;
(e) A relevant NHS body;
(f) An organisation providing ambulance services in pursuance of arrangements—
(i) Made by, or at the request of, a relevant NHS body, or
(ii) Made with the Secretary of State or with the Welsh Ministers;
(g) An organisation providing services for the transport of organs, blood, equipment or personnel in pursuance of arrangements of the kind mentioned in paragraph (f);
(h) An organisation providing a rescue service;
(i) The armed forces.
(3) For the purposes of subsection (1), the way in which an organisation responds to emergency circumstances does not include the way in which—
(a) Medical treatment is carried out, or
(b) Decisions within subsection (4) are made.
(4) The decisions within this subsection are decisions as to the carrying out of medical treatment, other than decisions as to the order in which persons are to be given such treatment.
(5) Any duty of care owed in respect of the carrying out, or attempted carrying out, of a rescue operation at sea in emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(6) Any duty of care owed in respect of action taken—
(a) In order to comply with a direction under Schedule 3A to the Merchant Shipping Act 1995 (c. 21) (safety directions), or
(b) By virtue of paragraph 4 of that Schedule (action in lieu of direction),
is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(7) In this section—
• “emergency circumstances” means circumstances that are present or imminent and—
(a)
Are causing, or are likely to cause, serious harm or a worsening of such harm, or
(b)
Are likely to cause the death of a person;
• “medical treatment” includes any treatment or procedure of a medical or similar nature;
• “relevant NHS body” means—
(a)
a Strategic Health Authority, Primary Care Trust, NHS trust, Special Health Authority or NHS foundation trust in England;
(b)
a Local Health Board, NHS trust or Special Health Authority in Wales;
(c)
a Health Board or Special Health Board in Scotland, or the Common Services Agency for the Scottish Health Service;
(d)
a Health and Social Services trust or Health and Social Services Board in Northern Ireland;
• “serious harm” means—
(a)
Serious injury to or the serious illness (including mental illness) of a person;
(b)
Serious harm to the environment (including the life and health of plants and animals);
(c)
Serious harm to any building or other property.
( A reference in this section to emergency circumstances includes a reference to circumstances that are believed to be emergency circumstances.
7 Child-protection and probation functions
(1) A duty of care to which this section applies is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(2) This section applies to any duty of care that a local authority or other public authority owes in respect of the exercise by it of functions conferred by or under—
(a) Parts 4 and 5 of the Children Act 1989 (c. 41),
(b) Part 2 of the Children (Scotland) Act 1995 (c. 36), or
(c) Parts 5 and 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3) This section also applies to any duty of care that a local probation board or other public authority owes in respect of the exercise by it of functions conferred by or under—
(a) Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
(b) section 27 of the Social Work (Scotland) Act 1968 (c. 49), or
(c) Article 4 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)).
Gross breach
8 Factors for jury
(1) This section applies where—
(a) it is established that an organisation owed a relevant duty of care to a person, and
(b) it falls to the jury to decide whether there was a gross breach of that duty.
(2) The jury must consider whether the evidence shows that the organisation failed to comply with any health and safety legislation that relates to the alleged breach, and if so—
(a) How serious that failure was;
(b) How much of a risk of death it posed.
(3) The jury may also—
(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it;
(b) Have regard to any health and safety guidance that relates to the alleged breach.
(4) This section does not prevent the jury from having regard to any other matters they consider relevant.
(5) In this section “health and safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.
Remedial orders and publicity orders
9 Power to order breach etc to be remedied
(1) A court before which an organisation is convicted of corporate manslaughter or corporate homicide may make an order (a “remedial order”) requiring the organisation to take specified steps to remedy—
(a) The breach mentioned in section 1(1) (“the relevant breach”);
(b) Any matter that appears to the court to have resulted from the relevant breach and to have been a cause of the death;
(c) Any deficiency, as regards health and safety matters, in the organisation’s policies, systems or practices of which the relevant breach appears to the court to be an indication.
(2) A remedial order may be made only on an application by the prosecution specifying the terms of the proposed order.
Any such order must be on such terms (whether those proposed or others) as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to that matter by the prosecution or on behalf of the organisation.
(3) Before making an application for a remedial order the prosecution must consult such enforcement authority or authorities as it considers appropriate having regard to the nature of the relevant breach.
(4) A remedial order—
(a) Must specify a period within which the steps referred to in subsection (1) are to be taken;
(b) May require the organisation to supply to an enforcement authority consulted under subsection (3), within a specified period, evidence that those steps have been taken.
A period specified under this subsection may be extended or further extended by order of the court on an application made before the end of that period or extended period.
(5) An organisation that fails to comply with a remedial order is guilty of an offence, and liable on conviction on indictment to a fine.
10 Power to order conviction etc to be publicised
(1) A court before which an organisation is convicted of corporate manslaughter or corporate homicide may make an order (a “publicity order”) requiring the organisation to publicise in a specified manner—
(a) The fact that it has been convicted of the offence;
(b) specified particulars of the offence;
(c) The amount of any fine imposed;
(d) The terms of any remedial order made.
(2) In deciding on the terms of a publicity order that it is proposing to make, the court must—
(a) Ascertain the views of such enforcement authority or authorities (if any) as it considers appropriate, and
(b) Have regard to any representations made by the prosecution or on behalf of the organisation.
(3) A publicity order—
(a) Must specify a period within which the requirements referred to in subsection (1) are to be complied with;
(b) May require the organisation to supply to any enforcement authority whose views have been ascertained under subsection (2), within a specified period, evidence that those requirements have been complied with.
(4) An organisation that fails to comply with a publicity order is guilty of an offence, and liable on conviction on indictment to a fine.
Application to particular categories of organisation
11 Application to Crown bodies
(1) An organisation that is a servant or agent of the Crown is not immune from prosecution under this Act for that reason.
(2) For the purposes of this Act—
(a) A department or other body listed in Schedule 1, or
(b) A corporation that is a servant or agent of the Crown,
Is to be treated as owing whatever duties of care it would owe if it were a corporation that was not a servant or agent of the Crown.
(3) For the purposes of section 2—
(a) A person who is—
(i) Employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or
(ii) Employed by a person whose staff constitutes a body listed in that Schedule,
is to be treated as employed by that department or body;
(b) any premises occupied for the purposes of—
(i) a department or other body listed in Schedule 1, or
(ii) a person whose staff constitute a body listed in that Schedule,
are to be treated as occupied by that department or body.
(4) For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself.
(5) Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.
12 Application to armed forces
(1) In this Act “the armed forces” means any of the naval, military or air forces of the Crown raised under the law of the United Kingdom.
(2) For the purposes of section 2 a person who is a member of the armed forces is to be treated as employed by the Ministry of Defence.
(3) A reference in this Act to members of the armed forces includes a reference to—
(a) members of the reserve forces (within the meaning given by section 1(2) of the Reserve Forces Act 1996 (c. 14)) when in service or undertaking training or duties;
(b) persons serving on Her Majesty’s vessels (within the meaning given by section 132(1) of the Naval Discipline Act 1957 (c. 53)).
13 Application to police forces
(1) In this Act “police force” means—
(a) A police force within the meaning of—
(i) The Police Act 1996 (c. 16), or
(ii) The Police (Scotland) Act 1967 (c. 77);
(b) The Police Service of Northern Ireland;
(c) The Police Service of Northern Ireland Reserve;
(d) The British Transport Police Force;
(e) The Civil Nuclear Constabulary;
(f) The Ministry of Defence Police.
(2) For the purposes of this Act a police force is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(3) For the purposes of section 2—
(a) a member of a police force is to be treated as employed by that force;
(b) a special constable appointed for a police area in England and Wales is to be treated as employed by the police force maintained by the police authority for that area;
(c) a special constable appointed for a police force mentioned in paragraph (d) or (f) of subsection (1) is to be treated as employed by that force;
(d) a police cadet undergoing training with a view to becoming a member of a police force mentioned in paragraph (a) or (d) of subsection (1) is to be treated as employed by that force;
(e) a police trainee appointed under section 39 of the Police (Northern Ireland) Act 2000 (c. 32) or a police cadet appointed under section 42 of that Act is to be treated as employed by the Police Service of Northern Ireland;
(f) a police reserve trainee appointed under section 40 of that Act is to be treated as employed by the Police Service of Northern Ireland Reserve;
(g) a member of a police force seconded to the Serious Organised Crime Agency or the National Policing Improvement Agency to serve as a member of its staff is to be treated as employed by that Agency.
(4) A reference in subsection (3) to a member of a police force is to be read, in the case of a force mentioned in paragraph (a)(ii) of subsection (1), as a reference to a constable of that force.
(5) For the purposes of section 2 any premises occupied for the purposes of a police force are to be treated as occupied by that force.
(6) For the purposes of sections 2 to 7 anything that would be regarded as done by a police force if the force were a body corporate is to be so regarded.
(7) Where—
(a) by virtue of subsection (3) a person is treated for the purposes of section 2 as employed by a police force, and
(b) by virtue of any other statutory provision (whenever made) he is, or is treated as, employed by another organisation,
the person is to be treated for those purposes as employed by both the force and the other organisation.
14 Application to partnerships
(1) For the purposes of this Act a partnership is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(2) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of its members).
(3) A fine imposed on a partnership on its conviction of an offence under this Act is to be paid out of the funds of the partnership.
(4) This section does not apply to a partnership that is a legal person under the law by which it is governed.
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).
(4) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.
(5) If the transfer occurs while proceedings for an offence under this Act in respect of the person’s death are in progress against a relevant public organisation, the proceedings are to be continued against—
(a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are carried out as a result of the transfer;
(b) if as a result of the transfer no such organisation carries out the functions, the same organisation as before.
This is subject to subsection (6).
(6) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (5) may be continued against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (5)(a) or (b)) as may be specified in the order.
(7) An order under subsection (4) or (6) is subject to negative resolution procedure.
17 DPP’s consent required for proceedings
Proceedings for an offence of corporate manslaughter—
(a) may not be instituted in England and Wales without the consent of the Director of Public Prosecutions;
(b) may not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
18 No individual liability
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.
(2) An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.
19 Convictions under this Act and under health and safety legislation
(1) Where in the same proceedings there is—
(a) a charge of corporate manslaughter or corporate homicide arising out of a particular set of circumstances, and
(b) a charge against the same defendant of a health and safety offence arising out of some or all of those circumstances,
the jury may, if the interests of justice so require, be invited to return a verdict on each charge.
(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—
(a) is required by virtue of a statutory provision to remain or reside on particular premises, or
(b) is otherwise subject to a restriction of his liberty.
(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.
24 Orders
(1) A power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.
(2) Where an order under this Act is subject to “negative resolution procedure” the statutory instrument containing the order is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Where an order under this Act is subject to “affirmative resolution procedure” the order may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(4) An order under this Act—
(a) may make different provision for different purposes;
(b) may make transitional or saving provision.
25 Interpretation
In this Act—
• “armed forces” has the meaning given by section 12(1);
• “corporation” does not include a corporation sole but includes any body corporate wherever incorporated;
• “employee” means an individual who works under a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing), and related expressions are to be construed accordingly; see also sections 11(3)(a), 12(2) and 13(3) (which apply for the purposes of section 2);
• “employers' association” has the meaning given by section 122 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 4 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
• “enforcement authority” means an authority responsible for the enforcement of any health and safety legislation;
• “health and safety legislation” means any statutory provision dealing with health and safety matters, including in particular provision contained in the Health and Safety at Work etc. Act 1974 (c. 37) or the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9));
• “member”, in relation to the armed forces, is to be read in accordance with section 12(3);
• “partnership” means—
(a)
a partnership within the Partnership Act 1890 (c. 39), or
(b)
a limited partnership registered under the Limited Partnerships Act 1907 (c. 24),
or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom;
• “police force” has the meaning given by section 13(1);
• “premises” includes land, buildings and moveable structures;
• “public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that section);
• “publicity order” means an order under section 10(1);
• “remedial order” means an order under section 9(1);
• “statutory provision”, except in section 15, means provision contained in, or in an instrument made under, any Act, any Act of the Scottish Parliament or any Northern Ireland legislation;
• “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 3 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)).
26 Minor and consequential amendments
Schedule 2 (minor and consequential amendments) has effect.
27 Commencement and savings
(1) The preceding provisions of this Act come into force in accordance with provision made by order by the Secretary of State.
(2) An order bringing into force paragraph (d) of section 2(1) is subject to affirmative resolution procedure.
(3) Section 1 does not apply in relation to anything done or omitted before the commencement of that section.
(4) Section 20 does not affect any liability, investigation, legal proceeding or penalty for or in respect of an offence committed wholly or partly before the commencement of that section.
(5) For the purposes of subsection (4) an offence is committed wholly or partly before the commencement of section 20 if any of the conduct or events alleged to constitute the offence occurred before that commencement.
28 Extent and territorial application
(1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) An amendment made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.
(3) Section 1 applies if the harm resulting in death is sustained in the United Kingdom or—
(a) within the seaward limits of the territorial sea adjacent to the United Kingdom;
(b) on a ship registered under Part 2 of the Merchant Shipping Act 1995 (c. 21);
(c) on a British-controlled aircraft as defined in section 92 of the Civil Aviation Act 1982 (c. 16);
(d) on a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c. 59);
(e) in any place to which an Order in Council under section 10(1) of the Petroleum Act 1998 (c. 17) applies (criminal jurisdiction in relation to offshore activities).
(4) For the purposes of subsection (3)(b) to (d) harm sustained on a ship, aircraft or hovercraft includes harm sustained by a person who—
(a) is then no longer on board the ship, aircraft or hovercraft in consequence of the wrecking of it or of some other mishap affecting it or occurring on it, and
(b) sustains the harm in consequence of that event.
29 Short title
This Act may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007.

Cooperate Manslaughter Bill

(A must and urgent Bill to be drawn up, Debated and passed in the national assembly)

What is 'corporate manslaughter'?

A company acts through the human agency of its directors, managers and staff. Where a company due to grossly negligent act or omission by a person(s) who is the “controlling mind” of the company results in the immediate cause of death of its employees, the public or other individual, it can be considered an act of corporate manslaughter.
In order to convict a company of manslaughter it must be shown that a causal link existed between a grossly negligent act or omission by a person who is the “controlling mind” of the company and the immediate cause of death.
It is difficult to envisage circumstances in which a company will be involved in “voluntary manslaughter” Corporate manslaughter will, therefore, normally be considered in the context of “involuntary manslaughter by means of gross negligence”.

The House of Lords (UK) laid down a four stage test for involuntary manslaughter by means of a grossly negligent act or omission which must be considered also in the Nigerian context (R.v. Adomako (1995) 1 AC 171)
• Did the defendant owe a duty of care towards the victim who has died?
• If so, has the defendant breached that duty of care?
• Has such breach caused the victim's death? (The law of negligence must be applied to ascertain whether or not there has been a breach of the duty);
• If so, was that breach of duty so bad as to amount, when viewed objectively, to gross negligence warranting a criminal conviction?
There are a wide variety of circumstances in which these considerations may need to be given to indicting a company for manslaughter arising out of its operations. The victims of fatal accidents may be employees or customers of the company in question or members of the public. Common examples are:
• Work-related fatal accidents arising out of unsafe systems of work.
• Fatal accidents resulting from the provision of unsafe goods or services.
• Fatal road traffic accidents in cases where company or its contractor’s vehicles are unsafe.( Ever so common in Nigeria)

Companies and Fatal Road Traffic Accidents
Fatal road accidents involving road haulage or petroleum products transport companies cause much public anxiety.
We have seen many cases in the country where death has resulted from a road traffic accident caused by a defective vehicle, over worked truck drivers, poor strapping of Loads, e.g. carets, pipes and containers on trucks.
Where the company, through one of its controlling officers, was responsible for any lack of maintenance of the vehicle concerned and insistence on the continued working of a stress and fatigue drivers such organization should be held liable.

Role of the, under listed bodies must as a mater of urgency be re evaluated
The Health and Safety Executive (HSE) public and private.
The Nigerian Police
Federal road safety commissions
Various state road safety monitoring agencies


What penalties will a company face in a case of Corporate Manslaughter?
Penalties should include an unlimited fine, remedial orders and publicity orders. Such remedial order will require an organisation to take steps to remedy any management failure that led to death.
The court can impose an order publicising the fact the company has been convicted of the offence, providing details, the amount of any fine imposed and the terms of any remedial order made.


Final comments
Many individuals/organizations ,both Nigerian and foreign companies are just profit centered, they post huge profits annually and yet they have employees who are over work, and under pay Nigerians and work with poor or faulty tools ,equipments and gadgets.
With the further invasion of the Nigerian economy by the
Chinese
Indians
Lebanese, other foreigners and the Ongoing push for Nigerianization and Nigerian content in the Oil and gas sectors this bill and its enforcement when passes is a must.











Further reading on this issue. If you have the time go thru.




The UK Corporate Manslaughter and Corporate Homicide Act 2007

For the first time, companies and organizations can be found guilty of corporate manslaughter as a result of serious management failures resulting in a gross breach of a duty of care.
This Act, comes into force on 6 April 2008 and it clarifies the criminal liabilities of companies including large organizations where serious failures in the management of health and safety result in a fatality.
The offence
(1) An organization to which this section applies is guilty of an offence if the way in which its activities are managed or organized—
(a) Causes a person’s death, and
(b) Amounts to a gross breach of a relevant duty of care owed by the organization to the deceased.

(2) The organizations to which this section applies are—
(a) A corporation
(b) A department or other body
(c) A police force;
(d) A partnership, or a trade union or employers' association, that is an employer.

(3) An organization is guilty of an offence under this section only if the way in which its activities are managed or organized by its senior management is a substantial element in the breach referred to in subsection (1)

(4) For the purposes of this Act—
(a) “Relevant duty of care” has the meaning given by section 2, read with sections 3 to 7;
(b) a breach of a duty of care by an organisation is a “gross” breach if the conduct alleged to amount to a breach of that duty falls far below what can reasonably be expected of the organisation in the circumstances;
(c) “Senior management”, in relation to an organisation, means the persons who play significant roles in—
(i) The making of decisions about how the whole or a substantial part of its activities are to be managed or organised, or
(ii) The actual managing or organising of the whole or a substantial part of those activities.
(5) The offence under this section is called—
(a) Corporate manslaughter, in so far as it is an offence under the law of England and Wales or Northern Ireland;
(b) Corporate homicide, in so far as it is an offence under the law of Scotland.
(6) An organisation that is guilty of corporate manslaughter or corporate homicide is liable on conviction on indictment to a fine.
(7) The offence of corporate homicide is indictable only in the High Court of Justiciary.
Relevant duty of care
2 Meaning of “relevant duty of care”
(1) A “relevant duty of care”, in relation to an organisation, means any of the following duties owed by it under the law of negligence—
(a) A duty owed to its employees or to other persons working for the organisation or performing services for it;
(b) A duty owed as occupier of premises;
(c) a duty owed in connection with—
(i) The supply by the organisation of goods or services (whether for consideration or not),
(ii) The carrying on by the organisation of any construction or maintenance operations,
(iii) The carrying on by the organisation of any other activity on a commercial basis, or
(iv) The use or keeping by the organisation of any plant, vehicle or other thing;
(d) A duty owed to a person who, by reason of being a person within subsection (2), is someone for whose safety the organisation is responsible.
(2) A person is within this subsection if—
(a) He is detained at a custodial institution or in a custody area at a court or police station;
(b) He is detained at a removal centre or short-term holding facility;
(c) He is being transported in a vehicle, or being held in any premises, in pursuance of prison escort arrangements or immigration escort arrangements;
(d) He is living in secure accommodation in which he has been placed;
(e) He is a detained patient.
(3) Subsection (1) is subject to sections 3 to 7.
(4) A reference in subsection (1) to a duty owed under the law of negligence includes a reference to a duty that would be owed under the law of negligence but for any statutory provision under which liability is imposed in place of liability under that law.
(5) For the purposes of this Act, whether a particular organisation owes a duty of care to a particular individual is a question of law.
The judge must make any findings of fact necessary to decide that question.
(6) For the purposes of this Act there is to be disregarded—
(a) Any rule of the common law that has the effect of preventing a duty of care from being owed by one person to another by reason of the fact that they are jointly engaged in unlawful conduct;
(b) Any such rule that has the effect of preventing a duty of care from being owed to a person by reason of his acceptance of a risk of harm.
(7) In this section—
• “construction or maintenance operations” means operations of any of the following descriptions—
(a)
Construction, installation, alteration, extension, improvement, repair, maintenance, decoration, cleaning, demolition or dismantling of—
(i)
Any building or structure,
(ii)
Anything else that forms, or is to form, part of the land, or
(iii)
Any plant, vehicle or other thing;
(b)
Operations that form an integral part of, or are preparatory to, or are for rendering complete, any operations within paragraph (a);
• “custodial institution” means a prison, a young offender institution, a secure training centre, a young offenders institution, a young offenders centre, a juvenile justice centre or a remand centre;
• “detained patient” means—
(a)
a person who is detained in any premises under—
(i)
Part 2 or 3 of the Mental Health Act 1983 (c. 20) (“the 1983 Act”), or
(ii)
Part 2 or 3 of the Mental Health (Northern Ireland) Order 1986 (S.I. 1986/595 (N.I. 4)) (“the 1986 Order”);
(b)
A person who (otherwise than by reason of being detained as mentioned in paragraph (a)) is deemed to be in legal custody by—
(i)
Section 137 of the 1983 Act,
(ii)
Article 131 of the 1986 Order, or
(iii)
article 11 of the Mental Health (Care and Treatment) (Scotland) Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/2078);
(c)
a person who is detained in any premises, or is otherwise in custody, under the Mental Health (Care and Treatment) (Scotland) Act 2003 (asp 13) or Part 6 of the Criminal Procedure (Scotland) Act 1995 (c. 46) or who is detained in a hospital under section 200 of that Act of 1995;
• “immigration escort arrangements” means arrangements made under section 156 of the Immigration and Asylum Act 1999 (c. 33);
• “the law of negligence” includes—
(a)
in relation to England and Wales, the Occupiers' Liability Act 1957 (c. 31), the Defective Premises Act 1972 (c. 35) and the Occupiers' Liability Act 1984 (c. 3);
(b)
in relation to Scotland, the Occupiers' Liability (Scotland) Act 1960 (c. 30);
(c)
in relation to Northern Ireland, the Occupiers' Liability Act (Northern Ireland) 1957 (c. 25), the Defective Premises (Northern Ireland) Order 1975 (S.I. 1975/1039 (N.I. 9)), the Occupiers' Liability (Northern Ireland) Order 1987 (S.I. 1987/1280 (N.I. 15)) and the Defective Premises (Landlord’s Liability) Act (Northern Ireland) 2001 (c. 10);
• “prison escort arrangements” means arrangements made under section 80 of the Criminal Justice Act 1991 (c. 53) or under section 102 or 118 of the Criminal Justice and Public Order Act 1994 (c. 33);
• “removal centre” and “short-term holding facility” have the meaning given by section 147 of the Immigration and Asylum Act 1999;
• “secure accommodation” means accommodation, not consisting of or forming part of a custodial institution, provided for the purpose of restricting the liberty of persons under the age of 18.
3 Public policy decisions, exclusively public functions and statutory inspections
(1) Any duty of care owed by a public authority in respect of a decision as to matters of public policy (including in particular the allocation of public resources or the weighing of competing public interests) is not a “relevant duty of care”.
(2) Any duty of care owed in respect of things done in the exercise of an exclusively public function is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(3) Any duty of care owed by a public authority in respect of inspections carried out in the exercise of a statutory function is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(4) In this section—
• “exclusively public function” means a function that falls within the prerogative of the Crown or is, by its nature, exercisable only with authority conferred—
(a)
by the exercise of that prerogative, or
(b)
by or under a statutory provision;
• “statutory function” means a function conferred by or under a statutory provision.
4 Military activities
(1) Any duty of care owed by the Ministry of Defence in respect of—
(a) Operations within subsection (2),
(b) Activities carried on in preparation for, or directly in support of, such operations, or
(c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of the armed forces with respect to such operations,
is not a “relevant duty of care”.
(2) The operations within this subsection are operations, including peacekeeping operations and operations for dealing with terrorism, civil unrest or serious public disorder, in the course of which members of the armed forces come under attack or face the threat of attack or violent resistance.
(3) Any duty of care owed by the Ministry of Defence in respect of activities carried on by members of the special forces is not a “relevant duty of care”.
(4) In this section “the special forces” means those units of the armed forces the maintenance of whose capabilities is the responsibility of the Director of Special Forces or which are for the time being subject to the operational command of that Director.
5 Policing and law enforcement
(1) Any duty of care owed by a public authority in respect of—
(a) Operations within subsection (2),
(b) Activities carried on in preparation for, or directly in support of, such operations, or
(c) training of a hazardous nature, or training carried out in a hazardous way, which it is considered needs to be carried out, or carried out in that way, in order to improve or maintain the effectiveness of officers or employees of the public authority with respect to such operations,
is not a “relevant duty of care”.
(2) Operations are within this subsection if—
(a) They are operations for dealing with terrorism, civil unrest or serious disorder,
(b) They involve the carrying on of policing or law-enforcement activities, and
(c) Officers or employees of the public authority in question come under attack, or face the threat of attack or violent resistance, in the course of the operations.
(3) Any duty of care owed by a public authority in respect of other policing or law-enforcement activities is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(4) In this section “policing or law-enforcement activities” includes—
(a) Activities carried on in the exercise of functions that are—
(i) Functions of police forces, or
(ii) Functions of the same or a similar nature exercisable by public authorities other than police forces;
(b) Activities carried on in the exercise of functions of constables employed by a public authority;
(c) Activities carried on in the exercise of functions exercisable under Chapter 4 of Part 2 of the Serious Organised Crime and Police Act 2005 (c. 15) (protection of witnesses and other persons);
(d) Activities carried on enforcing any provision contained in or made under the Immigration Acts.
6 Emergencies
(1) Any duty of care owed by an organisation within subsection (2) in respect of the way in which it responds to emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(2) The organisations within this subsection are—
(a) A fire and rescue authority in England and Wales;
(b) A fire and rescue authority or joint fire and rescue board in Scotland;
(c) The Northern Ireland Fire and Rescue Service Board;
(d) Any other organisation providing a service of responding to emergency circumstances either—
(i) In pursuance of arrangements made with an organisation within paragraph (a), (b) or (c), or
(ii) (if not in pursuance of such arrangements) otherwise than on a commercial basis;
(e) A relevant NHS body;
(f) An organisation providing ambulance services in pursuance of arrangements—
(i) Made by, or at the request of, a relevant NHS body, or
(ii) Made with the Secretary of State or with the Welsh Ministers;
(g) An organisation providing services for the transport of organs, blood, equipment or personnel in pursuance of arrangements of the kind mentioned in paragraph (f);
(h) An organisation providing a rescue service;
(i) The armed forces.
(3) For the purposes of subsection (1), the way in which an organisation responds to emergency circumstances does not include the way in which—
(a) Medical treatment is carried out, or
(b) Decisions within subsection (4) are made.
(4) The decisions within this subsection are decisions as to the carrying out of medical treatment, other than decisions as to the order in which persons are to be given such treatment.
(5) Any duty of care owed in respect of the carrying out, or attempted carrying out, of a rescue operation at sea in emergency circumstances is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(6) Any duty of care owed in respect of action taken—
(a) In order to comply with a direction under Schedule 3A to the Merchant Shipping Act 1995 (c. 21) (safety directions), or
(b) By virtue of paragraph 4 of that Schedule (action in lieu of direction),
is not a “relevant duty of care” unless it falls within section 2(1)(a) or (b).
(7) In this section—
• “emergency circumstances” means circumstances that are present or imminent and—
(a)
Are causing, or are likely to cause, serious harm or a worsening of such harm, or
(b)
Are likely to cause the death of a person;
• “medical treatment” includes any treatment or procedure of a medical or similar nature;
• “relevant NHS body” means—
(a)
a Strategic Health Authority, Primary Care Trust, NHS trust, Special Health Authority or NHS foundation trust in England;
(b)
a Local Health Board, NHS trust or Special Health Authority in Wales;
(c)
a Health Board or Special Health Board in Scotland, or the Common Services Agency for the Scottish Health Service;
(d)
a Health and Social Services trust or Health and Social Services Board in Northern Ireland;
• “serious harm” means—
(a)
Serious injury to or the serious illness (including mental illness) of a person;
(b)
Serious harm to the environment (including the life and health of plants and animals);
(c)
Serious harm to any building or other property.
( A reference in this section to emergency circumstances includes a reference to circumstances that are believed to be emergency circumstances.
7 Child-protection and probation functions
(1) A duty of care to which this section applies is not a “relevant duty of care” unless it falls within section 2(1)(a), (b) or (d).
(2) This section applies to any duty of care that a local authority or other public authority owes in respect of the exercise by it of functions conferred by or under—
(a) Parts 4 and 5 of the Children Act 1989 (c. 41),
(b) Part 2 of the Children (Scotland) Act 1995 (c. 36), or
(c) Parts 5 and 6 of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)).
(3) This section also applies to any duty of care that a local probation board or other public authority owes in respect of the exercise by it of functions conferred by or under—
(a) Chapter 1 of Part 1 of the Criminal Justice and Court Services Act 2000 (c. 43),
(b) section 27 of the Social Work (Scotland) Act 1968 (c. 49), or
(c) Article 4 of the Probation Board (Northern Ireland) Order 1982 (S.I. 1982/713 (N.I. 10)).
Gross breach
8 Factors for jury
(1) This section applies where—
(a) it is established that an organisation owed a relevant duty of care to a person, and
(b) it falls to the jury to decide whether there was a gross breach of that duty.
(2) The jury must consider whether the evidence shows that the organisation failed to comply with any health and safety legislation that relates to the alleged breach, and if so—
(a) How serious that failure was;
(b) How much of a risk of death it posed.
(3) The jury may also—
(a) consider the extent to which the evidence shows that there were attitudes, policies, systems or accepted practices within the organisation that were likely to have encouraged any such failure as is mentioned in subsection (2), or to have produced tolerance of it;
(b) Have regard to any health and safety guidance that relates to the alleged breach.
(4) This section does not prevent the jury from having regard to any other matters they consider relevant.
(5) In this section “health and safety guidance” means any code, guidance, manual or similar publication that is concerned with health and safety matters and is made or issued (under a statutory provision or otherwise) by an authority responsible for the enforcement of any health and safety legislation.
Remedial orders and publicity orders
9 Power to order breach etc to be remedied
(1) A court before which an organisation is convicted of corporate manslaughter or corporate homicide may make an order (a “remedial order”) requiring the organisation to take specified steps to remedy—
(a) The breach mentioned in section 1(1) (“the relevant breach”);
(b) Any matter that appears to the court to have resulted from the relevant breach and to have been a cause of the death;
(c) Any deficiency, as regards health and safety matters, in the organisation’s policies, systems or practices of which the relevant breach appears to the court to be an indication.
(2) A remedial order may be made only on an application by the prosecution specifying the terms of the proposed order.
Any such order must be on such terms (whether those proposed or others) as the court considers appropriate having regard to any representations made, and any evidence adduced, in relation to that matter by the prosecution or on behalf of the organisation.
(3) Before making an application for a remedial order the prosecution must consult such enforcement authority or authorities as it considers appropriate having regard to the nature of the relevant breach.
(4) A remedial order—
(a) Must specify a period within which the steps referred to in subsection (1) are to be taken;
(b) May require the organisation to supply to an enforcement authority consulted under subsection (3), within a specified period, evidence that those steps have been taken.
A period specified under this subsection may be extended or further extended by order of the court on an application made before the end of that period or extended period.
(5) An organisation that fails to comply with a remedial order is guilty of an offence, and liable on conviction on indictment to a fine.
10 Power to order conviction etc to be publicised
(1) A court before which an organisation is convicted of corporate manslaughter or corporate homicide may make an order (a “publicity order”) requiring the organisation to publicise in a specified manner—
(a) The fact that it has been convicted of the offence;
(b) specified particulars of the offence;
(c) The amount of any fine imposed;
(d) The terms of any remedial order made.
(2) In deciding on the terms of a publicity order that it is proposing to make, the court must—
(a) Ascertain the views of such enforcement authority or authorities (if any) as it considers appropriate, and
(b) Have regard to any representations made by the prosecution or on behalf of the organisation.
(3) A publicity order—
(a) Must specify a period within which the requirements referred to in subsection (1) are to be complied with;
(b) May require the organisation to supply to any enforcement authority whose views have been ascertained under subsection (2), within a specified period, evidence that those requirements have been complied with.
(4) An organisation that fails to comply with a publicity order is guilty of an offence, and liable on conviction on indictment to a fine.
Application to particular categories of organisation
11 Application to Crown bodies
(1) An organisation that is a servant or agent of the Crown is not immune from prosecution under this Act for that reason.
(2) For the purposes of this Act—
(a) A department or other body listed in Schedule 1, or
(b) A corporation that is a servant or agent of the Crown,
Is to be treated as owing whatever duties of care it would owe if it were a corporation that was not a servant or agent of the Crown.
(3) For the purposes of section 2—
(a) A person who is—
(i) Employed by or under the Crown for the purposes of a department or other body listed in Schedule 1, or
(ii) Employed by a person whose staff constitutes a body listed in that Schedule,
is to be treated as employed by that department or body;
(b) any premises occupied for the purposes of—
(i) a department or other body listed in Schedule 1, or
(ii) a person whose staff constitute a body listed in that Schedule,
are to be treated as occupied by that department or body.
(4) For the purposes of sections 2 to 7 anything done purportedly by a department or other body listed in Schedule 1, although in law by the Crown or by the holder of a particular office, is to be treated as done by the department or other body itself.
(5) Subsections (3)(a)(i), (3)(b)(i) and (4) apply in relation to a Northern Ireland department as they apply in relation to a department or other body listed in Schedule 1.
12 Application to armed forces
(1) In this Act “the armed forces” means any of the naval, military or air forces of the Crown raised under the law of the United Kingdom.
(2) For the purposes of section 2 a person who is a member of the armed forces is to be treated as employed by the Ministry of Defence.
(3) A reference in this Act to members of the armed forces includes a reference to—
(a) members of the reserve forces (within the meaning given by section 1(2) of the Reserve Forces Act 1996 (c. 14)) when in service or undertaking training or duties;
(b) persons serving on Her Majesty’s vessels (within the meaning given by section 132(1) of the Naval Discipline Act 1957 (c. 53)).
13 Application to police forces
(1) In this Act “police force” means—
(a) A police force within the meaning of—
(i) The Police Act 1996 (c. 16), or
(ii) The Police (Scotland) Act 1967 (c. 77);
(b) The Police Service of Northern Ireland;
(c) The Police Service of Northern Ireland Reserve;
(d) The British Transport Police Force;
(e) The Civil Nuclear Constabulary;
(f) The Ministry of Defence Police.
(2) For the purposes of this Act a police force is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(3) For the purposes of section 2—
(a) a member of a police force is to be treated as employed by that force;
(b) a special constable appointed for a police area in England and Wales is to be treated as employed by the police force maintained by the police authority for that area;
(c) a special constable appointed for a police force mentioned in paragraph (d) or (f) of subsection (1) is to be treated as employed by that force;
(d) a police cadet undergoing training with a view to becoming a member of a police force mentioned in paragraph (a) or (d) of subsection (1) is to be treated as employed by that force;
(e) a police trainee appointed under section 39 of the Police (Northern Ireland) Act 2000 (c. 32) or a police cadet appointed under section 42 of that Act is to be treated as employed by the Police Service of Northern Ireland;
(f) a police reserve trainee appointed under section 40 of that Act is to be treated as employed by the Police Service of Northern Ireland Reserve;
(g) a member of a police force seconded to the Serious Organised Crime Agency or the National Policing Improvement Agency to serve as a member of its staff is to be treated as employed by that Agency.
(4) A reference in subsection (3) to a member of a police force is to be read, in the case of a force mentioned in paragraph (a)(ii) of subsection (1), as a reference to a constable of that force.
(5) For the purposes of section 2 any premises occupied for the purposes of a police force are to be treated as occupied by that force.
(6) For the purposes of sections 2 to 7 anything that would be regarded as done by a police force if the force were a body corporate is to be so regarded.
(7) Where—
(a) by virtue of subsection (3) a person is treated for the purposes of section 2 as employed by a police force, and
(b) by virtue of any other statutory provision (whenever made) he is, or is treated as, employed by another organisation,
the person is to be treated for those purposes as employed by both the force and the other organisation.
14 Application to partnerships
(1) For the purposes of this Act a partnership is to be treated as owing whatever duties of care it would owe if it were a body corporate.
(2) Proceedings for an offence under this Act alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of its members).
(3) A fine imposed on a partnership on its conviction of an offence under this Act is to be paid out of the funds of the partnership.
(4) This section does not apply to a partnership that is a legal person under the law by which it is governed.
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).
(4) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (3) may be instituted, or (if they have already been instituted) may be continued, against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (3)(a) or (b)) as may be specified in the order.
(5) If the transfer occurs while proceedings for an offence under this Act in respect of the person’s death are in progress against a relevant public organisation, the proceedings are to be continued against—
(a) the relevant public organisation, if any, by which the functions mentioned in subsection (1) are carried out as a result of the transfer;
(b) if as a result of the transfer no such organisation carries out the functions, the same organisation as before.
This is subject to subsection (6).
(6) If an order made by the Secretary of State so provides in relation to a particular transfer of functions, the proceedings referred to in subsection (5) may be continued against—
(a) the organisation mentioned in subsection (1), or
(b) such relevant public organisation (other than the one mentioned in subsection (1) or the one mentioned in subsection (5)(a) or (b)) as may be specified in the order.
(7) An order under subsection (4) or (6) is subject to negative resolution procedure.
17 DPP’s consent required for proceedings
Proceedings for an offence of corporate manslaughter—
(a) may not be instituted in England and Wales without the consent of the Director of Public Prosecutions;
(b) may not be instituted in Northern Ireland without the consent of the Director of Public Prosecutions for Northern Ireland.
18 No individual liability
(1) An individual cannot be guilty of aiding, abetting, counselling or procuring the commission of an offence of corporate manslaughter.
(2) An individual cannot be guilty of aiding, abetting, counselling or procuring, or being art and part in, the commission of an offence of corporate homicide.
19 Convictions under this Act and under health and safety legislation
(1) Where in the same proceedings there is—
(a) a charge of corporate manslaughter or corporate homicide arising out of a particular set of circumstances, and
(b) a charge against the same defendant of a health and safety offence arising out of some or all of those circumstances,
the jury may, if the interests of justice so require, be invited to return a verdict on each charge.
(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—
(a) is required by virtue of a statutory provision to remain or reside on particular premises, or
(b) is otherwise subject to a restriction of his liberty.
(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.
24 Orders
(1) A power of the Secretary of State to make an order under this Act is exercisable by statutory instrument.
(2) Where an order under this Act is subject to “negative resolution procedure” the statutory instrument containing the order is subject to annulment in pursuance of a resolution of either House of Parliament.
(3) Where an order under this Act is subject to “affirmative resolution procedure” the order may not be made unless a draft has been laid before, and approved by a resolution of, each House of Parliament.
(4) An order under this Act—
(a) may make different provision for different purposes;
(b) may make transitional or saving provision.
25 Interpretation
In this Act—
• “armed forces” has the meaning given by section 12(1);
• “corporation” does not include a corporation sole but includes any body corporate wherever incorporated;
• “employee” means an individual who works under a contract of employment or apprenticeship (whether express or implied and, if express, whether oral or in writing), and related expressions are to be construed accordingly; see also sections 11(3)(a), 12(2) and 13(3) (which apply for the purposes of section 2);
• “employers' association” has the meaning given by section 122 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 4 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5));
• “enforcement authority” means an authority responsible for the enforcement of any health and safety legislation;
• “health and safety legislation” means any statutory provision dealing with health and safety matters, including in particular provision contained in the Health and Safety at Work etc. Act 1974 (c. 37) or the Health and Safety at Work (Northern Ireland) Order 1978 (S.I. 1978/1039 (N.I. 9));
• “member”, in relation to the armed forces, is to be read in accordance with section 12(3);
• “partnership” means—
(a)
a partnership within the Partnership Act 1890 (c. 39), or
(b)
a limited partnership registered under the Limited Partnerships Act 1907 (c. 24),
or a firm or entity of a similar character formed under the law of a country or territory outside the United Kingdom;
• “police force” has the meaning given by section 13(1);
• “premises” includes land, buildings and moveable structures;
• “public authority” has the same meaning as in section 6 of the Human Rights Act 1998 (c. 42) (disregarding subsections (3)(a) and (4) of that section);
• “publicity order” means an order under section 10(1);
• “remedial order” means an order under section 9(1);
• “statutory provision”, except in section 15, means provision contained in, or in an instrument made under, any Act, any Act of the Scottish Parliament or any Northern Ireland legislation;
• “trade union” has the meaning given by section 1 of the Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52) or Article 3 of the Industrial Relations (Northern Ireland) Order 1992 (S.I. 1992/807 (N.I. 5)).
26 Minor and consequential amendments
Schedule 2 (minor and consequential amendments) has effect.
27 Commencement and savings
(1) The preceding provisions of this Act come into force in accordance with provision made by order by the Secretary of State.
(2) An order bringing into force paragraph (d) of section 2(1) is subject to affirmative resolution procedure.
(3) Section 1 does not apply in relation to anything done or omitted before the commencement of that section.
(4) Section 20 does not affect any liability, investigation, legal proceeding or penalty for or in respect of an offence committed wholly or partly before the commencement of that section.
(5) For the purposes of subsection (4) an offence is committed wholly or partly before the commencement of section 20 if any of the conduct or events alleged to constitute the offence occurred before that commencement.
28 Extent and territorial application
(1) Subject to subsection (2), this Act extends to England and Wales, Scotland and Northern Ireland.
(2) An amendment made by this Act extends to the same part or parts of the United Kingdom as the provision to which it relates.
(3) Section 1 applies if the harm resulting in death is sustained in the United Kingdom or—
(a) within the seaward limits of the territorial sea adjacent to the United Kingdom;
(b) on a ship registered under Part 2 of the Merchant Shipping Act 1995 (c. 21);
(c) on a British-controlled aircraft as defined in section 92 of the Civil Aviation Act 1982 (c. 16);
(d) on a British-controlled hovercraft within the meaning of that section as applied in relation to hovercraft by virtue of provision made under the Hovercraft Act 1968 (c. 59);
(e) in any place to which an Order in Council under section 10(1) of the Petroleum Act 1998 (c. 17) applies (criminal jurisdiction in relation to offshore activities).
(4) For the purposes of subsection (3)(b) to (d) harm sustained on a ship, aircraft or hovercraft includes harm sustained by a person who—
(a) is then no longer on board the ship, aircraft or hovercraft in consequence of the wrecking of it or of some other mishap affecting it or occurring on it, and
(b) sustains the harm in consequence of that event.
29 Short title
This Act may be cited as the Corporate Manslaughter and Corporate Homicide Act 2007.

omooiza:

Wills, thanks for the acknowledgment. Could you please advise on where i can run MRP and SAP Classes? Thanks alot. Cheers.

I belive, this is the contact you need to get first hand info on SAP in NIG


Toyin Joe-Bassey
Office Administrator (SAP Nigeria)

SAP Africa
Systems Applications Products (Africa) (Pty) Ltd

T +234 9 413 3165, 670 0725
M +234 805 508 4744
F +234 9 413 3166
E T.Joe-Bassey@sap.com
www.sap.co.za

@omooiza, i am working on your request will get back to u asap,

omooiza:

Wills, You sure doing a great job here, You sound like somone that has been in the industry for ages. Welldone dear.

@Omooiza
Thanks a lot for the comments, Its just the passion to build a career in Logistics/SCM thats my drive.

I believe Like they say "Togthere we can do it better".


@Ladapo
Stop by at the prolog Forum Dedicated to Just SCM, Logistics and Procurement . Register @ and lets have your comments and contributions.

http://prologconsulting.net/forum/index.php

The forum prolog Forum Dedicated to Just SCM, Logistics and Procurement is now live, and FREE! Register @

http://prologconsulting.net/forum/index.php

One thing is sure; opportunities abound in this profession, in Nigeria

olupahpah

biotech

ndubest.

Thanks so so much for joining us, and for the compliments.

The forum prolog Forum Dedicated to Just SCM, Logistics and Procurement is now live, and FREE! Register @

http://prologconsulting.net/forum/index.php

One thing is sure; opportunities abound in this profession, in Nigeria

Seasons Greeting to Everyone. May 2008 Bring Development and more Unity to our Nation Nigeria

Happy Birthday manoy. Today is your Day. may the Good Lord , Give you many more blessed, and happy days ahead in health and safety.

Merry Xmas and a happy New year.

Will be calling you later Today.

jumping or humping around?, Now that I wont talk about, but all I can say is I am a modest dude.

A player knows that, if you are going to jump around from girl to girl, woman to woman… then you don’t complain if any one of these ladies is taking you for granted, for being Mr. nice guy,… simply because he knows what he’s after and Sooner or later he gets it, and then walks.

But back to the question at hand, I still say “treat a woman nicely is not going to get you attracted to her.”

Busta,
Trust me on this one, i have been involved with the everyday kind of woman.

Infact am going through one of these (Mr Nice guy attracts) episode right now as we write.

Busta:

lol. . l feel ya.

The thing that bugs me is that most guys these days are very arrogant.

Treat a woman love, treat her nice, respect her and he will get the same treatment back.

zignor:

As simple as A. B. C

What pods did you guys come from, cuz it seems to me y’all aliens…. Treat most women nicely and they either get arrogant, or take you for granted. Only a few are exceptions and these types are mighty hard to find

Typical example, Buy a lady tons of GSM  recharge card, and guess what she still expect you to do all the calling.  

fellows, abi i lie?

Dear ALL!!!

Prolog consulting will be opening up a web forum on there website, to cover all Topics on Logistics, procurement and the entire Supply chain.

The forum will come up live before the 1st of Jan 2008.I believe it will afford more people the opportunity of learning more and better interactions with experienced professionals particularly Prolog faculty member and also you can get first had update on all prolog Highly rated course that will be running in 2008.

People this is a Good step in the Right Direction for our teaming folks practicing/Interested in SCM and all related functions. Please do stay glued to this tread for all the details as they are made available.

To each and every one I say Happy Holidays!!, a merry Christmas ahead and a fruitful and blessed 2008!

Cheers

@Joey82,

Thanks, for the Accolade, am just doing my little bit.

I am still in touch with Prolog, so be rest assured , when they are "Good to Go" i will you and the entire HOUSE know the details.