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Section 49 Individual culpability for offending by an organisationI1I2

Scotland

(1)

Subsection (2) applies where—

(a)

an offence under this Act is committed by a relevant organisation, and

(b)

the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i)

a responsible official of the organisation, or

(ii)

an individual purporting to act in the capacity of a responsible official.

(2)

The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.

(3)

“Relevant organisation” means—

(a)

a company,

(b)

a partnership (including a limited liability partnership),

(c)

another body or association.

(4)

“Responsible official” means—

(a)

in the case of a company—

(i)

a director, secretary, manager or similar officer, or

(ii)

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

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability partnership, a partner,

(d)

in the case of another body or association, a person who is concerned in the management or control of its affairs.

Annotations

Commencement

I1

S. 49 not in force at Royal Assent, see s. 56(2)

I2

S. 49 in force at 10.10.2022 by S.S.I. 2022/280, reg. 2, sch.