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- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of—
(a)a director, manager or secretary, member or other similar officer of the body corporate; or
(b)any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to, any neglect on the part of—
(a)a partner; or
(b)a person who was purporting to act in any such capacity,
that person, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
(3)Where an offence under section 16(1), 17, 19(4), 20(1) or (2) or 37(1) which has been committed by an unincorporated association other than a Scottish partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)a person who is concerned in the management or control of the association; or
(b)any person who was purporting to act in any such capacity,
that person, as well as the unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly.
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Text created by the Scottish Government 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.
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