Point in time view as at 10/08/2016.
Marine and Coastal Access Act 2009, Section 318 is up to date with all changes known to be in force on or before 09 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)Where an offence under this Act has been committed by a body corporate and it is proved that the offence—
(a)has been committed with the consent or connivance of a person falling within subsection (2), or
(b)is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
(2)The persons are—
(a)a director, manager, secretary or similar officer of the body corporate;
(b)any person who was purporting to act in such a capacity.
(3)Where 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 that management, as if the member were a director of the body corporate.
(4)Where an offence under this Act has been committed by a Scottish firm and it is proved that the offence—
(a)has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
(b)is attributable to any neglect on the part of such a person,
that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
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