PART 3Inspection, offences and enforcement
Offences by bodies corporate21
1
If an offence committed by a body corporate is shown–
a
to have been committed with the consent or connivance of an officer of the body corporate; or
b
to be attributable to any neglect on the officer's part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
2
If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of members in connection with their functions of management as if they were directors of the body.
3
“Officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.
4
“Body corporate” includes a partnership in Scotland and, in relation to such a partnership, a reference to an officer of a body corporate is a reference to a partner.