Point in time view as at 01/04/2023.
Human Trafficking and Exploitation (Scotland) Act 2015, Section 39 is up to date with all changes known to be in force on or before 13 August 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Where—
(a)an offence under this Act has been committed by a body corporate or a Scottish partnership or other unincorporated association, and
(b)it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—
(i)a relevant individual, or
(ii)an individual purporting to act in the capacity of a relevant individual,
the individual (as well as the body corporate, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.
(2)In subsection (1), “relevant individual” means—
(a)in relation to a body corporate—
(i)a director, manager, secretary or other similar officer of the body,
(ii)where the affairs of the body are managed by its members, the members,
(b)in relation to a Scottish partnership, a partner,
(c)in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
Commencement Information
I1S. 39 in force at 31.5.2016 by S.S.I. 2016/128, reg. 2, Sch.
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