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The Personal Protective Equipment (Enforcement) Regulations 2018

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This is the original version (as it was originally made).

Liability of persons other than the principal offender

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10.—(1) Where the commission by a person (“P”) of an offence under these Regulations is due to anything which another person (“S”) did or failed to do in the course of business, S is guilty of that offence and may be proceeded against and punished, whether or not proceedings are taken against P.

(2) Where a body corporate commits an offence under these Regulations, a relevant person is also guilty of the offence where the offence was committed by the body corporate—

(a)with the consent or connivance of a relevant person; or

(b)as a result of the negligence of a relevant person.

(3) In paragraph (2) a “relevant person” means—

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

(b)in relation to a body corporate managed by its members, a member of that body performing managerial functions;

(c)a partner in relation to a Scottish partnership; or

(d)a person purporting to act as a person described in subparagraphs (a), (b) or (c).

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