PART 6

Enforcement and offences

Offences by bodies corporate
32
1
Where—
a
an offence in relation to this Order is 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, Scottish partnership or unincorporated association commits an 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 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.
Art. 32 in force at 24.9.2012, see art. 1(b)