xmlns:atom="http://www.w3.org/2005/Atom" xmlns:atom="http://www.w3.org/2005/Atom"
Prospective
(1)If—
(a)a person (“B”) who is, or is seeking to become, a regulated body commits an offence under section 20 or 24, and
(b)at the time of that offence, another person (“A”) is the nominated individual for the information to which the offence relates,
A also commits the offence.
(2)For the purposes of subsection (1), A is the nominated individual for information if A stands nominated by B as the individual responsible for the information further to—
(a)an authorisation requirement of the sort described in section 15(1), or
(b)operator licensing regulations of the sort described in section 15(2).
(3)In determining for the purposes of subsection (1)(a) whether an offence has been committed by B, the defence in section 20(2) or 24(7) is to be ignored.
(4)It is a defence for A to prove that A took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by B.
Commencement Information
I1S. 26 not in force at Royal Assent, see s. 99(1)
(1)If—
(a)an individual (“A”) is a relevant senior manager of a relevant entity (“B”),
(b)B commits an offence under section 20 or 24, and
(c)A consents to or connives in the commission of the offence by B,
A also commits the offence.
(2)A is a “relevant senior manager” of B if A plays a significant role in making decisions about how—
(a)the activities of B as a whole, or
(b)the relevant activities of B,
are managed or organised.
(3)In subsection (2)(b), “the relevant activities” means the activities to which the relevant information relates; and in this subsection “the relevant information” means the information to which the offence mentioned in subsection (1)(b) relates.
(4)In subsection (1), “relevant entity” means—
(a)a body corporate,
(b)a partnership, or
(c)a firm or other entity similar in nature to a partnership established under a foreign law.
Commencement Information
I2S. 27 not in force at Royal Assent, see s. 99(1)