PART 6ENFORCEMENT AND SUPPLEMENTARY PROVISION RELATING TO CRIMINAL OFFENCES
Supplementary provision relating to criminal offences
Offences by bodies corporate, &c.65
1
If an offence under these Regulations committed by a body corporate is shown—
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
If the affairs of a body corporate are managed by its members, paragraph (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.
3
If an offence under these Regulations committed by a Scottish partnership is shown—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect of his part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
4
In this regulation—
a
“officer”, in relation to a body corporate, means a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
b
“partner” includes a person purporting to act as a partner.