Paragraph 4 Liability of persons other than the principal offender
Where the commission by a person (“P”) of an offence under these Regulations is due to anything which another person (“S”) did or failed to do in the course of business, S is guilty of that offence and may be proceeded against and punished, whether or not proceedings are taken against P.
Where a body corporate commits an offence under these Regulations, a relevant person is also guilty of the offence where the offence was committed by the body corporate—
with the consent or connivance of a relevant person; or
as a result of the negligence of a relevant person.
In sub-paragraph (2) a “relevant person” means—
a director, manager, secretary or other similar officer of the body corporate;
in relation to a body corporate managed by its members, a member of that body performing managerial functions; or
a person purporting to act as a person described in paragraphs (a) or (b).