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Article 12 Offences by a body corporate

Original text. Later amendments are not shown.

(1)

Where a body corporate is guilty of an offence under this Order, and that offence is shown to have been committed with the consent or connivance of, or to have been attributable to any wilful neglect on the part of–

(a)

any director, manager, secretary or other similar office bearer of the body corporate; or

(b)

any person who was purporting to act in such a capacity,

that person as well as the body corporate shall be guilty of an offence and be liable to be proceeded against and punished accordingly.

(2)

If the affairs of a body corporate are managed by the members of that body, the provisions of paragraph (1) shall apply in relation to the acts and omissions of a member in connection with a management function of that member as if the member were a director of a body corporate.

(3)

In this article–

  • “director” in relation to a body corporate whose affairs are managed by the members of that body means a member of the body; and

  • “body corporate” includes a partnership in Scotland, and in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.