Offences by bodies corporateI1F121

1

Where—

a

an offence under these Regulations has been committed by a body corporate or a partnership or other unincorporated association;

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 unincorporated association is guilty of the offence and is liable to be proceeded against and punished accordingly.

2

In paragraph (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, a member;

b

in relation to a partnership, a partner;

c

in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association.