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.