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.