C1Part III New Roads

Annotations:
Modifications etc. (not altering text)
C1

Pt. III excluded (18.3.2011) by Forth Crossing Act 2011 (asp 2), ss. 20(2), 80(2) (with ss. 69, 78); S.S.I. 2011/38, art. 2, sch.

C2F122B

1

Subsection (2) applies where—

a

an offence under section 22A has been committed by—

i

a body corporate,

ii

a Scottish partnership, or

iii

an unincorporated association other than a Scottish partnership, and

b

it is proved that the offence was committed with the consent or connivance of, or was attributable to neglect on the part of—

i

a relevant individual, or

ii

an individual purporting to act in the capacity of a relevant individual.

2

The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence and is liable to be proceeded against and punished accordingly.

3

In subsection (1), “relevant individual” means—

a

in relation to a body corporate (other than a limited liability partnership)—

i

a director, manager, secretary or similar officer of the body,

ii

where the affairs of the body are managed by its members, a member,

b

in relation to a limited liability partnership, a member;

c

in relation to a Scottish partnership, a partner;

d

in relation to an unincorporated association other than a Scottish partnership, an individual who is concerned in the management or control of the association.