House of Commons – June 18, 2025 – 236

New Clause 88 - Senior manager liability for failure to meet pollution performance commitment levels “(1) A person (‘P’) commits an offence where— (a) P is a senior manager of a water or water and sewerage company (‘C’), (b) C commits an offence under section [Offence of failing to meet pollution performance commitment levels], and (c) P has failed to take all reasonable steps to prevent that offence being committed by C. (2) For the purposes of this section— ‘senior manager’ means an individual who plays a significant role in— (a) the making of decisions about how C’s relevant activities are to be managed or organised, or (b) the actual managing or organising of C’s relevant activities;

(3) Where P is charged with an offence under this section, it is a defence for P to show that P was a senior manager of C for such a short time during the relevant period that P could not reasonably have been expected to take steps to prevent that offence being committed by C. (4) Where P is guilty of an offence under this section, P is liable— (a) on summary conviction, to a fine;

(b) on conviction on indictment, to a fine.”—(Lisa Smart.)