Section 20 Individual culpability where organisation commits an offenceI1 I2

Scotland

(1)

This section applies where—

(a)

an offence under Part 1 or 2 is committed by an organisation, and

(b)

the commission of the offence—

(i)

involves consent or connivance on the part of a responsible individual, or

(ii)

is attributable to neglect on the part of a responsible individual.

(2)

The responsible individual (as well as the organisation) commits the offence.

(3)

For the purposes of this section, “responsible individual” means, in relation to an organisation listed in the first column of the following table—

(a)

an individual falling within the corresponding entry in the second column of the table,

(b)

an individual purporting to act in the capacity of an individual falling within the corresponding entry.

Organisation	Individual
Company as mentioned in section 1 of the Companies Act 2006	Director, manager, secretary or other similar officer, or, where the company’s affairs are managed by its members, member
Limited liability partnership	Member
Other partnership	Partner
Any other body or association	Individual who is concerned in the management or control of its affairs

Annotations