PART 3Administration and enforcement

Corporate responsibility19

1

If a breach of any TSE requirement is shown to be committed by a body corporate—

a

with the consent or connivance of an officer, or

b

attributable to any neglect on their part,

the officer as well as the body corporate is liable to prosecution.

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 their function of management as if they were a director of the body.

3

If a breach of any TSE requirement is shown to be committed by a partnership—

a

with the consent or connivance of a partner, or

b

attributable to any neglect on their part,

the partner as well as the partnership is liable to prosecution.

4

If a breach of any TSE requirement is shown to be committed by an unincorporated association—

a

with the consent or connivance of an officer of the association or a member of its governing body, or

b

attributable to any neglect on the part of such an officer or member,

that officer or member as well as the association is liable to prosecution.

5

In this regulation—

  • “officer”, in relation to a body corporate or unincorporated association, 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;

  • “partner” includes a person purporting to act as a partner.