PART 2Market Surveillance and Enforcement

Liability of persons other than the principal offender10

1

Where the commission by a person (“P”) of an offence under these Regulations is due to anything which another person (“S”) did or failed to do in the course of business, S is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against P.

2

Where a body corporate commits an offence under these Regulations, a relevant person is also guilty of the offence where the offence was committed by the body corporate—

a

with the consent or connivance of a relevant person; or

b

as a result of the negligence of a relevant person.

3

In paragraph (2) 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

a partner in relation to a Scottish partnership; or

d

a person purporting to act as a person described in subparagraphs (a), (b) or (c).