Corporate Manslaughter & Corporate Homicide Act 2007 

Clubs and Class Associations need to be aware of their responsbilities in relation a person's safety.

The Corporate Manslaughter & Corporate Homicide Act 2007 received Royal assent on 26th July 2007 and came into force in England, Wales and Scotland on 6th April 2008.

The Act creates an offence of 'corporate manslaughter' which may be committed where an organisation owes a duty to take reasonable care for a person's safety, but the way in which the activities have been managed or organised, by its senior management, amounts to a gross breach of that duty and causes death.

The prosecution will need to prove that the failures came substantially from 'senior management'. This is defined, in the Act, as persons who play significant roles in the making of decisions about how the whole or a substantial part of the organisation's activities are managed or organised.

The penalty for this offence will be an unlimited fine for the company. The Act does not provide for personal liability for individual directors and managers, however individuals may still be prosecuted under the existing law relating to manslaughter by gross negligence.

The Act extends to companies and partnerships. It does not apply to private members clubs which are unincorporated, although there is provision in the Act for it to be extended to further categories of organisation.

Organisations should ensure that they have in place health and safety management systems and corporate governance systems which reflect best practice as recommended by the Health and Safety Executive.

Remember that health and safety policies can quickly become inadequate or totally ineffective unless they are updated regularly and procedures tested and adjusted in response to identified weaknesses.

Organisations should re-assess the compentency of 'senior management' and ensure that they understand their health and safety liabilities and responsibilities.

For further information contact the Legal Team on Tel:  0844 5569519 or by email: legal@rya.org.uk