Section 19 Liability for offence under section 17 committed by a bodyI1I2

This section applies where an offence under section 17 is committed by a body.

If the offence is committed with the consent or connivance of a person (“P”) who is—

P (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.

In this section—

• “body” means a body corporate, a partnership or an unincorporated association other than a partnership;

• “relevant person”, in relation to a body, means—

  1. (a)

     in the case of a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;

  2. (b)

     in the case of a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;

  3. (c)

     in the case of a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);

  4. (d)

     in the case of any other partnership, a partner;

  5. (e)

     in the case of an unincorporated association other than a partnership, a person who exercises functions of management with respect to it.