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44.—(1) Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
(2) Where a body corporate commits an offence and it is proved that the offence was committed—
(a)with the consent or connivance of a relevant person; or
(b)as a result of the negligence of a relevant person,
that person, as well as the body corporate, is guilty of the offence.
(3) A “relevant person” means—
(a)a director, manager, secretary or other similar officer of the body corporate;
(b)in relation to a body corporate managed by its members, a member of that body performing managerial functions;
(c)in relation to a Scottish partnership, a partner;
(d)a person purporting to act as a person described in (a), (b) or (c).
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