PART 4

Final provisions

Offences by bodies corporate
43
1
Where—
a
an offence against the Act in relation to this Order is committed by a body corporate or a Scottish 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, 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.