- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(a)apart from this subsection, a penalty under, or by virtue of, any provision of this Act is recoverable from a body corporate or Scottish partnership by reason of any act or omission of the body or partnership; and
(b)the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any of the persons mentioned in subsection (2) below,
those provisions shall apply to each of those persons who consented to or connived in the act or omission or to whose neglect the act or omission was attributable.
(2)The persons referred to in subsection (1)(b) above—
(a)in relation to a body corporate, are—
(i)any director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity; and
(ii)where the affairs of a body corporate are managed by its members, any member in connection with that member’s functions of management; and
(b)in relation to a Scottish partnership, are the partners.
(3)Where any person pays a penalty by virtue of subsection (1) above, the body corporate, or Scottish partnership, in question shall not also be required to pay a penalty in respect of the same act or omission.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: