46.—(1) Where an offence under this Part [F1or paragraph 22 of Schedule 4A (failure to comply with a stop notice)] has been committed by a body corporate and the offence is proved—
(a)to have been committed with the consent or connivance of an officer, or
(b)to be attributable to any neglect on the part of an officer,
the officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) In paragraph (1), “officer”, in relation to a body corporate, means—
(a)a director, manager, secretary or other similar officer of the body, or
(b)a person purporting to act in any such capacity.
(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.
Textual Amendments
F1Words in reg. 46(1) inserted (15.12.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (Wales) (Amendment) (No. 2) Regulations 2020 (S.I. 2020/1303), regs. 1, 2(6)
Commencement Information
I1Reg. 46 in force at 27.3.2020, see reg. 1