Referendums (Scotland) Act 2020

51 (1) A person (“A”) commits an offence— S

(a) if A contravenes any of paragraphs 45(5), 46(3) or (5), 47(4) or 50(2), or

(b) if A is an appropriate supervisor of another person (“B”) who contravenes any of those paragraphs and A failed to take appropriate steps.

(2) B does not commit an offence under sub-paragraph (1) if—

(a) B has an appropriate supervisor, and

(b) B complied with all the requirements imposed on B by the appropriate supervisor.

(3) A does not commit an offence under sub-paragraph (1) if—

(a) A is not, and does not have, an appropriate supervisor, and

(b) A took all reasonable steps to ensure that A did not contravene a provision specified in sub-paragraph (1)(a).

(4) In this paragraph—

• “appropriate supervisor” means a person who is a director of a company, or concerned in the management of an organisation, in which B is employed or under whose direction or control B is,

• “appropriate steps” are such steps as it was reasonable for the appropriate supervisor to take to secure the operation of procedures designed to prevent, so far as practicable, any contravention of a provision specified in sub-paragraph (1)(a).

(5) A person who commits an offence under sub-paragraph (1) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.