SCHEDULES

SCHEDULE 22Powers to issue directions relating to events, gatherings and premises

PART 3Powers relating to events, gatherings and premises in Scotland

Offences

22

(1)

Sub-paragraph (2) applies where—

(a)

an offence under paragraph 21 is committed by—

(i)

a body corporate,

(ii)

a Scottish partnership, or

(iii)

an unincorporated association other than a Scottish partnership, and

(b)

the commission of the offence involves the connivance or consent of, or is attributable to the neglect 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.

(3)

In sub-paragraph (1), “relevant individual” means—

(a)

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

(i)

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

(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, a person who is concerned in the management or control of the association.