Explanatory Notes

Protection of Vulnerable Groups (Scotland) Act 2007

2007 asp 14

18 April 2007

Overview

Part 5: Supplementary and General

Section 89.  Offences by bodies corporate etc.

156.Where an offence under the Act is committed by an organisation, this section provides that the organisation and, in some cases, a senior individual in that organisation are both to be held responsible. On the whole, the more junior member of staff whose conduct may have given rise to the offence is not criminally liable. The member of staff may still be disciplined by the organisation and, if one of the referral grounds at section 2 is met, he or she can be referred for consideration for listing.