Corporate offencesE+W
24.—(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.
Commencement Information
I1Reg. 24 in force at 28.3.2019, see reg. 1(3)