OpenLegislation

Regulation 7 Offences by corporate or unincorporated bodiesI1

United Kingdom

(1)

Where—

(a)

an offence is committed by a body corporate or a partnership (including a limited liability partnership and a Scottish partnership) or other unincorporated association; and

(b)

it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of —

(i)

a relevant individual; or

(ii)

an individual purporting to act in the capacity of a relevant individual,

the individual as well as the body corporate, partnership or unincorporated association commits an offence and is liable to be proceeded against and punished accordingly.

(2)

In paragraph (1), “relevant individual” means—

(a)

in relation to a body corporate—

(i)

a director, manager, secretary or other similar officer of the body;

(ii)

where the affairs of the body are managed by its members, a member;

(b)

in relation to a partnership, a partner;

(c)

in relation to an unincorporated association other than a partnership, a person who is concerned in the management or control of the association.

Annotations

Commencement

I1

Reg. 7 in force at 27.3.2013, see reg. 1