PART 5SUPPLEMENTARY AND GENERAL

Offences

130Criminal liability of senior officers of bodies

(1)

This section applies where an offence under this Act is committed by—

(a)

a body corporate,

(b)

a partnership, or

(c)

an unincorporated association other than a partnership.

(2)

If the offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—

(a)

a senior officer of the body corporate, partnership or unincorporated association, or

(b)

a person purporting to act as such an officer,

that senior officer or person (as well as the body corporate, partnership or association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

(3)

In this section “senior officer” means—

(a)

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

(b)

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

(c)

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

(4)

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