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Regulation 90 Liability of directors etc.

Original text. Later amendments are not shown.

(1)

This regulation applies where a relevant offence is committed by—

(a)

a body corporate,

(b)

a partnership, or

(c)

an unincorporated association other than a partnership.

(2)

If the relevant offence is proved to have been committed by, or with the consent or connivance of, or to be attributable to neglect on the part of—

(a)

a relevant individual of a body corporate or partnership or unincorporated association, or

(b)

an individual purporting to act in a capacity mentioned in sub-paragraph (a),

that senior officer or person (as well as the body corporate, partnership or unincorporated association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(3)

Where a person (“A”) commits a relevant offence due to the act or default of some other person (“B”), B is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against A.

(4)

In this regulation—

  • “partnership” (“partneriaeth”) means a partnership, other than a limited liability partnership, and includes a Scottish partnership;

  • “relevant individual” (“unigolyn perthnasol”)—

    1. (a)

      in relation to a body corporate, means—

      1. (i)

        a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or

      2. (ii)

        where the affairs of the body corporate are managed by its members, a member;

    2. (b)

      in relation to a limited liability partnership, means a member;

    3. (c)

      in relation to a partnership, means a partner;

    4. (d)

      in relation to an unincorporated association (other than a partnership), means a person who is concerned in the management and control of the association;

  • “relevant offence” (“trosedd berthnasol”) means an offence under regulation 88 or 89.