Section 88 Corporate offencesI1

(1)

Subsection (2) applies where—

(a)

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

(b)

the commission of the offence—

(i)

involves the connivance or consent of, or

(ii)

is attributable to the neglect of,

a responsible official of the organisation.

(2)

The official (as well as the organisation) commits the offence.

(3)

For the purpose of this section—

(a)

a “relevant organisation” is—

(i)

a company,

(ii)

a limited liability partnership,

(iii)

an ordinary partnership, or

(iv)

any other body or association,

(b)

a “responsible official” is—

(i)

in the case of a company, a director, secretary, manager or other similar officer,

(ii)

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

(iii)

in the case of an ordinary partnership, a partner,

(iv)

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

but in each case also extends to a person purporting to act in such a capacity.

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