- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
(1)Subsection (2) applies where—
(a)an offence under section 44(1) is committed by a relevant organisation, and
(b)the commission of the offence involves the connivance or consent of, or is attributable to the neglect of, a responsible official of the organisation.
(2)The responsible official (as well as the organisation) commits the offence.
(3)“Relevant organisation” means—
(a)company,
(b)limited liability partnership,
(c)ordinary partnership,
(d)other body or association.
(4)“Responsible official” means—
(a)in the case of a company, director, secretary, manager or similar officer,
(b)in the case of a limited liability partnership, member,
(c)in the case of an ordinary partnership, partner,
(d)in the case of another body or association, person who is concerned in the management or control of its affairs,
but in each case also includes person purporting to act in such a capacity.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
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.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: