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The Environmental Protection (Controls on Ozone-Depleting Substances) Regulations 2011

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Offences by bodies corporate

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6.  (1)  If an offence under these Regulations committed by a body corporate is proved—

(a)to have been committed with the consent or connivance of an officer; or

(b)to be attributable to any neglect on the part of an officer,

the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In paragraph (1) “officer”, in relation to a body corporate, means—

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

(b)a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as it applies to an officer of a body corporate.

(4) If an offence under these Regulations committed by a partnership in Scotland is proved—

(a)to have been committed with the consent or connivance of a partner; or

(b)to be attributable to any neglect on the part of a partner,

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In paragraph (4) “partner” includes a person purporting to act as a partner.

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