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This is the original version (as it was originally enacted).
54(1)A person (“A”) commits an offence—
(a)if A contravenes any of paragraphs 18(5), 48(5), 49(3) or (5), 50(5), 51(4) or 53(2), or
(b)if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps.
(2)B does not commit an offence under sub-paragraph (1) if—
(a)B has an appropriate supervisor, and
(b)B complied with all the requirements imposed on B by the appropriate supervisor.
(3)A does not commit an offence under sub-paragraph (1) if—
(a)A is not, and does not have, an appropriate supervisor, and
(b)A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a).
(4)In this paragraph—
“appropriate supervisor” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is,
“appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as reasonably practicable, any contravention of a provision specified in sub-paragraph (1)(a).
(5)A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.
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Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
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