I118 Offences by bodies corporate and Scottish partnerships

1

If an offence under any provision of this Act committed by a body corporate is proved—

a

to have been committed with the consent or connivance of an officer, or

b

to be attributable to any neglect on his part,

the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.

2

In subsection (1) “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity.

3

If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.

4

If an offence under any provision of this Act committed by a partnership in Scotland is proved—

a

to have been committed with the consent or connivance of a partner, or

b

to be attributable to any neglect on his part,

the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.

5

In subsection (4) “partner” includes a person purporting to act as a partner.