41Offences: general
(1)Proceedings for an offence under section 30, 33, 37 or 38 or under regulations made under section 39 shall not be instituted in England and Wales except—
(a)by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or
(b)by or with the consent of the Director of Public Prosecutions.
(2)Proceedings for an offence under section 30, 33, 37 or 38 or under regulations made under section 39 shall not be instituted in Northern Ireland except—
(a)by the Secretary of State or by a person authorised in that behalf by the Secretary of State; or
(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(3)Where an offence committed by a body corporate under section 30, 33, 37 or 38 or under regulations made under section 39 is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he as well as the body corporate shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(4)Where the affairs of a body corporate are managed by its members, subsection (3) shall apply in relation to acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(5)If an offence under section 37 or under regulations made under section 39 is committed outside the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(6)Section 3 of the [1878 c. 73.] Territorial Waters Jurisdiction Act 1878 (restriction on prosecutions) shall not apply to proceedings for an offence to which subsection (1) of this section applies.