Section 404: Criminal liability of company directors etc., Communications Act 2003

Section 404: Criminal liability of company directors etc.

Part 6: Miscellaneous and Supplemental

Where an offence under any enactment to which this section applies is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

a director, manager, secretary or other similar officer of the body corporate, or

a person who was purporting to act in any such capacity,

he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and punished accordingly.

Where an offence under any enactment to which this section applies—

is committed by a Scottish firm, and

is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of a partner of the firm,

he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and punished accordingly.

In this section "director", in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.

The enactments to which this section applies are every enactment contained in—

this Act;

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

the Telecommunications Act 1984 (c. 12); or

Part 3 of the Postal Services Act 2011.

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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Reuse reviewed 21 August 2026 under Open Government Licence v3.0.

Section 404: Criminal liability of company directors etc.

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