Article 9B Offences by bodies corporate etcF1
Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—
was committed with the consent or connivance of a person falling within paragraph 2, or
is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of the offence and liable to be proceeded against and punished accordingly.
The persons are—
a director, manager, secretary or similar officer of the body corporate;
any person purporting to act in such a capacity.
Where the affairs of a body corporate are managed by its members, paragraph 1 applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—
has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
is attributable to any neglect on the part of such a person,
that person (as well as the partnership) is guilty of an offence and liable to be proceeded against and punished accordingly.
Annotations
Textual amendments
Notes on Chapter IV
Textual amendments
- F1
Words in Ch. 4 heading omitted (1.4.2024) by virtue of The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(7)(a)
- F2
Words in Ch. 4 heading inserted (1.4.2024) by The Sea Fisheries (International Commission for the Conservation of Atlantic Tunas) (Amendment) Regulations 2024 (S.I. 2024/439), regs. 1(1), 4(7)(b)