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6.—(1) A person commits the trading offence where—
(a)that person (at any time or any place) arranges for trading activity to take place in contravention of subsection (1) of section 2 of the Act; or
(b)trading activity in contravention of that subsection—
(i)is undertaken by a business or other concern in which that person has an interest or for which that person is responsible; or
(ii)takes place on land that that person owns or occupies or of which that person has responsibility for management.
(2) Paragraph (1)(b) does not apply to a person who proves that—
(a)the trading activity took place without the person’s knowledge; or
(b)the person took all reasonable steps to prevent the trading activity taking place or where it has taken place, to prevent it continuing or recurring.
(3) A person will be treated as having an interest in or responsibility for a business or other concern if the person is an officer of the business or other concern.
(4) A person will be treated as having responsibility for the management of the land if the person is an officer of a business or other concern that owns, occupies or has responsibility for the management of the land.
(5) In paragraphs (3) and (4), “officer” means a director, manager, secretary or other similar officer.
(6) This regulation applies to trading activity whether or not it consists of the result or continuation of activity carried out before these Regulations came into force.
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