PART 10 Enforcement

44 Offences by bodies corporate, partnerships and unincorporated associations
1 Where a body corporate is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—
(a) any director, manager, secretary or other similar officer of the body corporate; or
(b) any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
2 In paragraph (1) “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate.
3 Where a partnership is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of a partner, the partner, as well as the partnership, is guilty of the offence.
4 In paragraph (3) “partner” includes a person purporting to act as a partner.
5 Where an unincorporated association is guilty of an offence under regulation 42(1), and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of an officer of the association, that officer, as well as the association, is guilty of the offence.
6 In paragraph (5) “officer”, in relation to an unincorporated association, means—
(a) an officer of the association or a member of its governing body; or
(b) a person purporting to act in such a capacity.