PART 4Offences and Penalties

Corporate offencesI124

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 their part,

the officer as well as the body corporate is liable to prosecution.

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 their functions of management as if they were a director of the body.

3

If an offence under these Regulations committed by a partnership is shown—

a

to have been committed with the consent or connivance of a partner; or

b

to be attributable to any neglect on their part,

the partner as well as the partnership is liable to prosecution.

4

If any offence under these Regulations committed by an unincorporated association, other than a partnership, is shown—

a

to have been committed with the consent or connivance of an officer of the association or a member of its governing body; or

b

to be attributable to any neglect on the part of such an officer or member,

that officer or member as well as the association is liable to prosecution.

5

In this regulation—

  • officer” (“swyddog”), in relation to a body corporate or unincorporated association, 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

  • partner” (“partner”) includes a person purporting to act as a partner.