C1F1PART 1ALicensing of relevant permanent sites in Scotland
Pt. 1A excluded (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 83(3), 104(3); S.S.I. 2016/412, art. 2, sch.
F2Miscellaneous
S. 32Z5 and cross-heading inserted (S.) (1.5.2017) by Housing (Scotland) Act 2014 (asp 14), ss. 81, 104(3); S.S.I. 2016/412, art. 2, sch.
32Z5Offences by bodies corporate etc.
1
Where—
a
an offence under this Part has been 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, partnership or, as the case may be, other unincorporated association) commits the offence and is liable to be proceeded against and punished accordingly.
2
In subsection (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, the members,
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.
Pt. 1A heading inserted (S.) (20.11.2014 for the purposes of ss. 32B-32I, 32N, 32Y, 1.5.2017 for remaining purposes) by Housing (Scotland) Act 2014 (asp 14), ss. 63(2), 104(3); S.S.I. 2014/264, art. 2, sch.; S.S.I. 2016/412, art. 2, sch.