Part 4Consumer rights and disputes

Chapter 1Protection from unfair trading

Offences relating to unfair commercial practices

239Offences: criminal liability of others

(1)

Subsections (2) and (3) apply where a trader—

(a)

commits an offence under subsection (1), (2), (3), (6) or (7) of section 237, or

(b)

would have committed an offence under that subsection but for a defence under section 238,

and the commission of the offence, or of what would have been the offence, is due to the act or omission of another person “P”.

(2)

P commits the offence (whether or not P is a trader and whether or not P’s act or omission is a commercial practice).

(3)

P may be charged with and convicted of the offence by virtue of subsection (2) whether or not proceedings are taken against the trader.

(4)

In other provisions of this Chapter (including the rest of this section), references to an offence under subsection (1), (2), (3), (6) or (7) of section 237 include references to an offence under that subsection by virtue of subsection (2).

(5)

If an offence under section 237 committed by a body corporate is proved—

(a)

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

(b)

to be attributable to any neglect on the part of an officer,

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

(6)

If the affairs of a body corporate are managed by its members, subsection (5) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were an officer of the body corporate.

(7)

If an offence under section 237 committed by a Scottish partnership is proved—

(a)

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

(b)

to be attributable to any neglect on the part of a partner,

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

(8)

In other provisions of this Chapter, references to an offence under section 237 include references to an offence under that section by virtue of subsection (5) or (7).

(9)

In subsection (5) a reference to an officer of a body corporate includes a reference to—

(a)

a director, manager, secretary or other similar officer, or

(b)

a person purporting to act as a director, manager, secretary or other similar officer.

(10)

In subsection (7), a reference to a partner includes a person purporting to act as a partner.