PART 10OFFENCES

Offences by bodies corporate etc.33

1

Paragraph (2) applies where—

a

an offence under regulation 32(1) has been committed by—

i

a body corporate;

ii

a Scottish partnership; or

iii

an unincorporated association other than a Scottish partnership; and

b

it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

i

a relevant individual; or

ii

an individual purporting to act in the capacity of a relevant individual.

2

The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

3

In paragraph (1), “relevant individual” means—

a

in relation to a body corporate (other than a limited liability partnership)—

i

a director, manager, secretary or similar officer of the body;

ii

where the affairs of the body are managed by its members, a member;

b

in relation to a limited liability partnership, a member;

c

in relation to a Scottish partnership, a partner; or

d

in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.