Regulation 32C Individual culpability for offending by an organisationF1
Paragraph (2) applies where—
an offence under these regulations is committed by a relevant organisation, and
the commission of the offence involves the consent or connivance of, or is attributable to the neglect of—
a responsible official of the organisation, or
an individual purporting to act in the capacity of a responsible official.
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.
“Relevant organisation” means—
a company,
a partnership (including a limited liability partnership),
another body or association.
“Responsible official” means—
in the case of a company—
a director, secretary, manager or similar officer, or
where the affairs of the company are managed by its members, a member,
in the case of a limited liability partnership, a member,
in the case of a partnership other than a limited liability partnership, a partner,
in the case of another body or association, a person who is concerned in the management or control of its affairs.