Liability of persons other than principal offenderU.K.
2.—(1) An employee or agent contravenes these Regulations if as a result of his act he causes the sale or offer for sale in contravention of [F1regulation 3(2) or (3)] whether or not proceedings are taken against his employer or principal.
(2) Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate or any person who was purporting to act in any such capacity, he, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
(3) Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(4) Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, both he and the partnership, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Textual Amendments
F1Words in Sch. para. 2(1) substituted (8.1.2010) by The Biofuel (Labelling) (Amendment) Regulations 2009 (S.I. 2009/3277), regs. 1, 4