Regulation 21 Liability of persons other than the principal offenderF1
United Kingdom
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 shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.
Where a body corporate commits an offence and it is proved that the offence was committed—
with the consent or connivance of an officer of the body corporate; or
as a result of the negligence of an officer of the body corporate,
the officer, as well as the body corporate, shall be guilty of the offence.
In paragraph (2) a reference to an officer of a body corporate includes a reference to—
a director, manager, company secretary or other similar officer of the body corporate;
a person purporting to act as a director, manager, company secretary or other similar officer; and
if the affairs of a body corporate are managed by its members, a member.
In this regulation references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, company secretary or other similar officer of a body corporate is a reference to a partner.
Annotations
Textual amendments
- F1
Regulations revoked (N.I.) (17.10.2026) by The Batteries (Placing on the Market) (Northern Ireland) Regulations 2026 (S.I. 2026/1053), regs. 1(2), 19(1) (with reg. 19(2))