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.