PART 3Enforcement
Liability of persons other than the principal offender44
1
Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
2
Where a body corporate commits an offence and it is proved that the offence was committed—
a
with the consent or connivance of a relevant person; or
b
as a result of the negligence of a relevant person,
that person, as well as the body corporate, is guilty of the offence.
3
A “relevant person” means—
a
a director, manager, secretary or other similar officer of the body corporate;
b
in relation to a body corporate managed by its members, a member of that body performing managerial functions;
c
in relation to a Scottish partnership, a partner;
d
a person purporting to act as a person described in (a), (b) or (c).