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Housing (Cladding Remediation) (Scotland) Act 2024
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This version of this provision is prospective.
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Changes to legislation:
Housing (Cladding Remediation) (Scotland) Act 2024, Section 20 is up to date with all changes known to be in force on or before 14 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Section 20:
- s. 20 coming into force by S.S.I. 2024/370 reg. 2
Prospective
20Individual culpability where organisation commits an offenceS
(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 |
Commencement Information
I1S. 20 not in force at Royal Assent, see s. 39(2)
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