Section 86
of Electricity Supply Enactment 2024
Section 86
Where a body corporate commits an offence under this Enactment,
73
any person who at the time of the commission of the offence was a director, chief executive officer, chief operating officer, manager, secretary or other similar officer of the body corporate or was purporting to act in such capacity or was in any manner or to any extent responsible for the management of any of the affairs of the body corporate or was assisting in such management —
(a)
may be charged severally or jointly in the same proceedings with the body corporate; and
(b)
if the body corporate is found to have committed the offence, shall be deemed to have committed that offence unless having regard to the nature of his functions in that capacity and to all circumstances, he proves —
(i)
that the offence was committed without his knowledge, consent or connivance; and
(ii)
that he had taken all reasonable precautions and exercised due diligence to prevent the commission of the offence.
(2)
If any person would be liable under this Enactment to any punishment or penalty for his act, omission, neglect or default he shall be liable to the same punishment or penalty for every such act, omission, neglect or default of any employee or agent of his, or of the employee of such agent if the act, omission, neglect or default was committed —
(a)
by that person’s employee in the course of his employment;
(b)
by the agent when acting on behalf of that person; or
(c)
by the employee of such agent in the course of his employment or otherwise on behalf of the agent.