Part 4Consumer rights and disputes

Chapter 2Subscription contracts

Offence of failing to provide information about cooling-off rights

270Offences by officers of a body corporate etc

(1)

If an offence under section 268(1) committed by a body corporate is proved—

(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 the officer’s 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 subsection (1) a reference to an officer of a body corporate includes a reference to—

(a)

a director, manager, secretary or other similar officer;

(b)

a person purporting to act as a director, manager, secretary or other similar officer.

(3)

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

(4)

Where an offence under section 268(1) 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 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 subsection (4), a reference to a partner includes a person purporting to act as a partner.