PART 7OFFENCES: PENALTIES ETC
Offences committed by bodies of persons28
1
Paragraph (2) applies where an offence under these Regulations 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 officer’s part.
2
The officer (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
3
In paragraphs (1) and (2) each reference to an officer of the body corporate includes a reference to—
a
a director, manager, secretary or other similar officer;
b
a person purporting to act as a director, manager, secretary of other similar officer;
c
in a case where the affairs of the body are managed by its members, a member.
4
Paragraph (5) applies where an offence under these Regulations 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 that partner’s part.
5
The partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
6
In paragraphs (4) and (5) each reference to a partner includes a reference to a person purporting to act as a partner.