Regulation 120 Offences: supplementary

(1)

Where—

(a)

an offence under these Regulations has been committed by a body corporate, partnership or unincorporated association; and

(b)

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of—

(i)

a relevant individual; or

(ii)

an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2)

If an offence committed by a person under these Regulations is due to the act or default of some other person, that other person 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 the first-mentioned person.

(3)

In paragraph (1), “relevant individual” means—

(a)

in relation to a body corporate—

(i)

a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity;

(ii)

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

(b)

in relation to an LLP, a member;

(c)

in relation to a partnership, a partner;

(d)

in relation to an unincorporated association, a person who is concerned in the management or control of the association.