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Article 56B Offences by bodies corporate etcF1

Original text. Later amendments are not shown.

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.

Annotations

Textual amendments

F1

Ch. 5A 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), 6(34)