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(1)Subsection (2) applies where—
(a)an offence under section 40(1) or 41(7) 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 company,
a limited liability partnership,
a partnership (other than a limited liability partnership), or
another body or association,
“a responsible official” means—
in the case of a company, a director, secretary, manager or similar officer of the company,
in the case of a limited liability partnership, a member of the partnership,
in the case of a partnership (other than a limited liability partnership), a partner of the partnership, or
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.
Commencement Information
I1S. 42 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch.