Explanatory Notes

Flood Risk Management (Scotland) Act

2009 asp 6

16 June 2009

The Act – Section by Section

Part 8 – General

Section 92 – Offences by bodies corporate etc.

257.This section provides that where an offence under the Act has been committed by a corporate body, Scottish partnership or other unincorporated association and the offence was committed with the consent or connivance of a “relevant individual”, both the body and the individual can be prosecuted.

258.Subsection (2) defines “relevant individual” and includes directors and other officers of companies, partners and individuals who manage or control other unincorporated associations.