PART 6Enforcement

Liability of persons other than the principal offender24.

(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 shall be 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 an officer of the body corporate; or

(b)

as a result of the negligence of an officer of the body corporate,

the officer, as well as the body corporate, shall be guilty of the offence.

(3)

In paragraph (2), a reference to an officer of a body corporate includes a reference to—

(a)

a director, manager, secretary or other similar officer of the body corporate;

(b)

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

(c)

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

(4)

In this regulation, references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.