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Christmas Day and New Year’s Day Trading (Scotland) Act 2007

Section 5: Offences by bodies corporate etc.

13.Section 5 applies the offence under the Act to bodies corporate, partnerships, trustees and unincorporated associations to ensure that all who control shops opening can be found liable.

14.Where an offence has been committed by such a body of persons with the consent or involvement of a person concerned in the management or control of the body such as a director, partner, officer or employee (or any other person specified) of a corporate body or similar, that person will be guilty of an offence as well as the organisation itself. This arises when they consent to, or connive in, the commission of an offence by the organisation, or if their negligence results in the commission of an offence by the organisation.

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