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(1)The 1996 Act is amended as follows.
(2)In section 29 (offences by bodies corporate)—
(a)the existing text becomes subsection (1),
(b)after that subsection, insert—
“(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.”.
(3)After that section, insert—
Where an offence under this Act has been committed by a Scottish partnership or other unincorporated association and it is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a )in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;
(b)in relation to an unincorporated association other than a Scottish partnership, any person who was concerned in the management or control of the association or any person who was purporting to act in any such capacity,
he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.”.
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