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Flood Risk Management (Scotland) Act 2009
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- 2009 asp 6
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- Section 92
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92Offences by bodies corporate etc.S
This section has no associated Explanatory Notes
(1)Where—
(a)an offence under this Act has been committed by—
(i)a body corporate,
(ii)a Scottish partnership, or
(iii)an unincorporated association other than a Scottish partnership, 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,
that individual (as well as the body corporate, partnership or, as the case may be, 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, a member,
(b)in relation to a Scottish partnership, a partner, and
(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.
Commencement Information
I1S. 92 in force at 26.11.2009 by S.S.I. 2009/393, art. 2, Sch.
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