SCHEDULES

SCHEDULE 6 Financial Information

Offence by body corporate, &c.

8

1

This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence—

a

was committed with the consent or connivance of an officer of the institution, or

b

was attributable to neglect on the part of an officer of the institution.

2

The officer, as well as the institution, shall be guilty of the offence.

3

Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to—

a

imprisonment for a term not exceeding six months,

b

a fine not exceeding level 5 on the standard scale, or

c

both.

4

In the case of an institution which is a body corporate, in this paragraph “officer” includes—

a

a director, manager or secretary,

b

a person purporting to act as a director, manager or secretary, and

c

if the affairs of the body are managed by its members, a member.

5

In the case of an institution which is a partnership, in this paragraph “officer” means a partner.

6

In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph “officer” means a person concerned in the management or control of the association.