Regulation 79 Liability of persons other than the principal offender
Where the commission by a person (“A”) of an offence under these Regulations is due to the act or default of another person (“B”) in the course of any business of A, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.
Where a body corporate commits an offence under these Regulations and it is proved that the offence was committed—
with the consent or connivance of an officer of the body corporate,
as a result of the negligence of an officer of the body corporate
the officer as well as the body corporate is guilty of the offence.
In paragraph (2), a reference to an officer of a body corporate includes a reference to—
a director, manager, secretary or other similar officer of the body corporate;
a person purporting to act as a director, manager, secretary or other similar officer; and
if the affairs of the body corporate are managed by its members, a member
In this regulation, references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.