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Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005
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[F114AOffences by bodies corporate etc.S
This section has no associated Explanatory Notes
(1)Subsection (2) applies where an offence under sections 10 to 12 committed—
(a)by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—
(i)is a director, manager, secretary or other similar officer of the body corporate, or
(ii)purports to act in any such capacity,
(b)by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—
(i)is a partner, or
(ii)purports to act in that capacity,
(c)by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—
(i)is concerned in the management or control of the association, or
(ii)purports to act in the capacity of a person so concerned.
(2)The individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.
(3)Where the affairs of a body corporate are managed by its members, this section applies in relation to acts and defaults of a member in connection with the member's function of management as if the member were a director of the body corporate.]
Textual Amendments
F1S. 14A inserted (13.12.2010) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 40(3), 206(1); S.S.I. 2010/413, art. 2, Sch. (with art. 4)
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