Section 36 Offences due to the fault of another person.
Section 36 provides for the personal prosecution of any individual where that persons act or omission causes a corporate body to commit a breach of the law (even if the corporate body is not charged), eg an HSE Inspector found that levels of wood dust in a wood working factory were higher than the legal limits under the COSHH regulations. The fault lay with the occupational hygenist, a consultant, who had failed to comply with the standards and procedures recommended by his profession. The occupational hygenist was found guilty under section 36. The employer was not prosecuted. (R v Lockwood, 2001).