Member

34: Clause 2, page 6, leave out lines 1 to 3 and insert— “(2) If a relevant undertaker fails to comply with its duty under section 94EA(1) or 94EAA(1)—(a) the undertaker commits an offence, and(b) the chief executive of the undertaker commits an offence, subject to subsection (2A).(2A) It is a defence for the chief executive to prove that they took all reasonable steps to avoid the failure.(2B) A person who commits an offence under this section is liable, on summary conviction or conviction on indictment, to a fine.”Member’s explanatory statement This amendment makes the chief executive of an undertaker liable if the undertaker fails to comply with the new duties about pollution incident reduction plans, unless the chief executive has taken all reasonable steps to ensure compliance.