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Transport (Scotland) Act 2019

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125Individual culpability where offending by an organisation

(1)This section applies where—

(a)an offence in this Act or any regulations made under it is committed by a relevant organisation, and

(b)the commission of the offence—

(i)involves consent or connivance on the part of a responsible individual, or

(ii)is attributable to neglect on the part of a responsible individual.

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

(3)For the purposes of this section—

(a)“relevant organisation” means an organisation listed in the first column of the table in paragraph (c),

(b)“responsible individual” means, in relation to a relevant organisation—

(i)an individual falling within the corresponding entry in the second column of the table in paragraph (c), or

(ii)an individual purporting to act in the capacity of an individual falling within the corresponding entry,

(c)the table is as follows—

Relevant organisationIndividual
Company as mentioned in section 1 of the Companies Act 2006Director, manager, secretary or other similar officer
Member, where the company’s affairs are managed by its members
Limited liability partnershipMember
Other partnershipPartner
Any other body or association Individual who is concerned in the management or control of its affairs.

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