Offences by bodies corporate etc.

I16Offences by bodies corporate etc.

1

This section applies where an offence under section 1 is committed by—

a

a body corporate;

b

a partnership;

c

an unincorporated association other than a partnership.

2

A person mentioned in subsection (3) also commits the offence if the offence is proved to have been—

a

committed by, or with the consent or connivance of, that person, or

b

attributable to any neglect on the part of that person.

3

The persons are—

a

in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;

b

in relation to a partnership, a partner in the partnership;

c

in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body.

4

In subsection (3)(a), “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate.

5

In this Act, “partnership” means—

a

a partnership within the Partnership Act 1890 (c. 39), or

b

a limited partnership registered under the Limited Partnerships Act 1907 (c. 24).