Regulation 25 OffencesI1

Scotland

(1)

It shall be an offence for any person or organisation to fail to comply with the provisions of these Regulations.

(2)

Where a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of–

(a)

any director, manager, secretary or other officer of the body corporate, or

(b)

any person who was purporting to act in any such capacity,

that director, manager, secretary or officer, as well as the body corporate, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(3)

For the purposes of paragraph (2)–

(a)

“director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate; and

(b)

“body corporate” includes a partnership in Scotland, and in relationship to such a partnership, a reference to a director, manager, secretary or other officer of a body corporate is a reference to a partner.

(4)

Where an organisation which is not a body corporate is guilty of an offence under these Regulations, and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of any officer of that organisation, that officer, as well as the organisation, shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

Annotations

Commencement

I1: Reg. 25 in force at 16.5.2005, see reg. 1(1)