Part 6Exemptions, enforcement and other matters

Miscellaneous

I1I249Individual culpability for offending by an organisation

1

Subsection (2) applies where—

a

an offence under this Act is committed by a relevant organisation, and

b

the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

i

a responsible official of the organisation, or

ii

an individual purporting to act in the capacity of a responsible official.

2

The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.

3

Relevant organisation” means—

a

a company,

b

a partnership (including a limited liability partnership),

c

another body or association.

4

Responsible official” means—

a

in the case of a company—

i

a director, secretary, manager or similar officer, or

ii

where the affairs of the company are managed by its members, a member,

b

in the case of a limited liability partnership, a member,

c

in the case of a partnership other than a limited liability partnership, a partner,

d

in the case of another body or association, a person who is concerned in the management or control of its affairs.