Liability of directors etc.8
1
If an offence under regulation 7 committed by a body corporate is shown—
a
to have been committed with the consent or connivance of an officer of the body, or
b
to be attributable to any neglect on that officer’s behalf,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
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 the member’s functions of management as if that member were a director of the body.
3
“Officer” in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
4
Where an offence under regulation 7 is committed in Scotland by a Scottish partnership and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
5
In this regulation “Scottish partnership” means a partnership constituted under the law of Scotland.