The Marketing of Horticultural Produce (Scotland) Regulations 2009

Offences by bodies corporate

21.—(1) If an offence under these Regulations committed by a body corporate is proved–

(a) to have been committed with the consent or connivance of an officer; or

(b) to be attributable to any neglect on their part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

(2) In paragraph (1) “officer” in relation to the body corporate, means a director, manager, secretary, or other similar officer of the body, or a person purporting to act in any such capacity.

(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with that member’s functions of management as if that member were a director of the body corporate.

(4) If an offence under these Regulations committed by a Scottish partnership is proved–

(a) to have been committed with the consent or connivance of a partner; or

(b) to be attributable to any neglect on the part of that partner,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

(5) In paragraph (4) “partner” includes a person purporting to act as a partner.

(6) If an offence under these Regulations committed by an unincorporated association (other than a Scottish partnership) is proved–

(a) to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or

(b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.

(7) For the purposes of proceedings brought in the name of a Scottish partnership or an unincorporated association–

(a) rules of court relating to the service of documents are to have effect as if the partnership or the unincorporated association were a body corporate;

(b) section 141 of the Criminal Procedure (Scotland) Act 1995(1) applies in relation to the partnership or unincorporated association as it applies in relation to a body corporate.

(8) A fine imposed on a Scottish partnership or unincorporated association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or the unincorporated association.

(1)

1995 c. 46.