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Regulatory Reform (Scotland) Act 2014

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This is the original version (as it was originally enacted).

37Corporate offending

(1)Subsection (2) applies where—

(a)an offence under section 36(8) is committed by a relevant organisation, and

(b)the commission of the offence involves the connivance or consent, or is attributable to the neglect, of a responsible official of the relevant organisation.

(2)The responsible official (as well as the relevant organisation) commits the offence.

(3)In this section—

  • “a relevant organisation” means—

    (a)

    a company,

    (b)

    a limited liability partnership,

    (c)

    a partnership (other than a limited liability partnership), or

    (d)

    another body or association,

  • “a responsible official” means—

    (a)

    in the case of a company, a director, secretary, manager or similar officer of the company,

    (b)

    in the case of a limited liability partnership, a member of the partnership,

    (c)

    in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or

    (d)

    in the case of another body or association, a person who is concerned in the management or control of its affairs,

    and in each case includes a person purporting to act in a capacity mentioned in any of paragraphs (a) to (d) of this definition.

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