# Regulation (EU) No 640/2010 of the European Parliament and of the Council of 7 July 2010 establishing a catch documentation programme for bluefin tuna Thunnus thynnus and amending Council Regulation (EC) No 1984/2003, Article 9B: Offences by bodies corporate etc


(1.) Where an offence under this Regulation is committed by a body corporate and it is proved that the offence—
(a) was committed with the consent or connivance of a person falling within paragraph 2, or
(b) 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.
(2.) The persons are—
(a) a director, manager, secretary or similar officer of the body corporate;
(b) any person purporting to act in such a capacity.
(3.) 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.
(4.) Where an offence under this Regulation has been committed by a Scottish partnership and it is proved that the offence—
(a) 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
(b) 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.

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Source: https://www.legislation.gov.uk/eur/2010/640/article/9B (the official version)
Page: https://openlegislation.uk/eu-regulation-2010-640/article-9B
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.