128Offences by bodies corporate, partnerships, associations and employees [non‑core provision]

128 Offences by bodies corporate, partnerships, associations and employees [non‑core provision]

(1) If a body corporate commits an offence against a rail safety law, each director of the body corporate, and each person concerned in the management of the body corporate, is taken to have committed the offence and is punishable accordingly. (2) If a person who is a partner in a partnership commits an offence against a rail safety law in the course of the activities of the partnership, each other person who is a partner in the partnership, and each person concerned in the management of the partnership, is taken to have committed the offence and is punishable accordingly. (3) If a person who is concerned in the management of an unincorporated association commits an offence against a rail safety law in the course of the activities of the unincorporated association, each other person concerned in the management of the unincorporated association is taken to have committed the offence and is punishable accordingly. (4) Sub‑sections (1), (2) and (3) do not affect the liability of the person who actually committed the offence. (5) If an employee commits an offence against a rail safety law, the employer is taken to have committed the offence and is punishable accordingly. (6) A person may be proceeded against and found guilty of an offence arising under this section whether or not the body corporate or other person who actually committed the offence has been proceeded against or been found guilty of the offence. (7) It is a defence to a charge for an offence arising under sub‑section (1) if the defendant establishes that— (a) the defendant was not in a position to influence the conduct of the body corporate in relation to the actual offence; or (b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence. (8) It is a defence to a charge for an offence arising under sub‑section (2) or (3) if the defendant establishes that— (a) the defendant was not in a position to influence the conduct of the person who actually committed the offence; or (b) the defendant, being in such a position, took reasonable precautions and exercised due diligence to prevent the commission of the actual offence. (9) It is a defence to a charge for an offence arising under sub‑section (5) if the defendant establishes that— (a) the defendant had no knowledge of the actual offence; or (b) the defendant took reasonable precautions and exercised due diligence to prevent the commission of the actual offence. (10) An officer— (a) of a body corporate (including a body corporate representing the Crown); or (b) of a partnership or unincorporated body or association— who is a volunteer is not liable to be prosecuted under this section for anything done or not done by him or her as a volunteer. (11) In this section—