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Housing (Cladding Remediation) (Scotland) Act 2024
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Part 3Offences under Parts 1 and 2
20Individual culpability where organisation commits an offence
(1)This section applies where—
(a)an offence under Part 1 or 2 is committed by an 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 organisation) commits the offence.
(3)For the purposes of this section, “responsible individual” means, in relation to an organisation listed in the first column of the following table—
(a)an individual falling within the corresponding entry in the second column of the table,
(b)an individual purporting to act in the capacity of an individual falling within the corresponding entry.
| Organisation | Individual |
|---|---|
| Company as mentioned in section 1 of the Companies Act 2006 | Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member |
| Limited liability partnership | Member |
| Other partnership | Partner |
| Any other body or association | Individual who is concerned in the management or control of its affairs |
21Crown application: criminal offences
(1)Nothing in Part 1 or 2 makes the Crown criminally liable.
(2)But the Court of Session may, on an application by the Lord Advocate, declare unlawful any act or omission for which the Crown would be criminally liable were it not for subsection (1).
(3)Subsection (1) does not affect the criminal liability of persons in the service of the Crown.
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