Liabilities of Directors and Officers
Section 80 of the 2005 Act sets out the liabilities of Directors and Officers of Undertakings in relation to offences committed under the Act. This provision says that if any offence has been committed by a company and that offence has been authorised by a Director, a manager or other similar person then that person as well as the company is guilty of the offence and can be prosecuted by the HSA/DPP.
Section 80(2) further states that if a person is proceeded against under this Section then it is presumed, until the contrary is proved, that the breach or neglect was authorised by them.
It is for the Director or Manager to show that they did all that could be reasonably expected of them under the 2005 Act.