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Regulation 32C Individual culpability for offending by an organisationF1

(1)

Paragraph (2) applies where—

(a)

an offence under these regulations is committed by a relevant organisation, and

(b)

the commission of the offence involves the consent or connivance 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

(i)

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

Textual amendments

F1

Pt. 6A inserted (15.3.2019) by The Genetically Modified Organisms (Deliberate Release etc.) (Miscellaneous Amendments) (Scotland) Regulations 2019 (S.S.I. 2019/86), regs. 1(1), 16