Regulation 33 Penalty notices: recovery from bodies corporate and Scottish partnerships

(1)

Where—

(a)

a penalty under regulation 31 is recoverable from a body corporate or a Scottish partnership by reason of any act or omission of the body or partnership, and

(b)

the act or omission was done with the consent or connivance of, or is attributable to any neglect on the part of, any persons mentioned in paragraph (2),

the Regulator may issue the penalty notice to each of those persons who consented to or connived in the act or omission, or to whose neglect the act or omission was attributable.

(2)

The persons are—

(a)

in relation to a body corporate—

(i)

any director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, and

(ii)

where the affairs of the body corporate are managed by its members, any member who has management functions;

(b)

in relation to a Scottish partnership, the partners of that partnership.

(3)

Where the Regulator requires any person mentioned in paragraph (2) to pay a penalty, the Regulator—

(a)

may not also require the relevant body corporate or Scottish partnership to pay a penalty in respect of the same act or omission, and

(b)

must issue a penalty notice to the person who is required to pay, but may also notify the relevant body corporate or Scottish partnership.