(1)Where the commission of an offence under section 97 is due—
(a)in the case of an offence under subsection (1) or (2) of that section, to an act or omission of a person other than the owner or master of the vessel in question, or
(b)in the case of an offence under subsection (3) or (4) of that section, to an act or omission of a person other than the person carrying on the activity in question,
that person is also guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
(2)Where an offence under section 97 is committed by a body corporate and is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)a director, manager, secretary or other similar officer of the body corporate, or
(b)a person who was purporting to act in any such capacity,
he (as well as the body corporate) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
(3)Where an offence under section 97—
(a)is committed by a Scottish firm, and
(b)is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner of the firm,
he (as well as the firm) is guilty of that offence and shall be liable to be proceeded against and dealt with accordingly.
(4)Where an offence under section 97 is committed outside of the United Kingdom, proceedings for the offence may be taken, and the offence may for all incidental purposes be treated as having been committed, in any place in the United Kingdom.
(5)Section 3 of the Territorial Waters Jurisdiction Act 1878 (c. 73) (consents to prosecution of offences committed on the open sea by persons who are not British citizens) does not apply to proceedings for an offence under section 97.
(6)In this section “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
Commencement Information
I1S. 98 in force at 1.10.2005 by S.I. 2005/877, art. 2(2), Sch. 2