Paragraph 3 Liability of persons other than principal offender
Where the commission by any person of an offence under these Regulations is due to an act or default committed by some other person in the course of that other person's business, the other person shall be guilty of the offence and may be proceeded against and punished by virtue of this sub-paragraph whether or not proceedings are taken against the first-mentioned person.
Where a body corporate is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
a director, manager, secretary or other similar officer of the body corporate, or
a person who was purporting to act in any such capacity,
that person, as well as the body corporate, shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.
Where the affairs of a body corporate are managed by its members, sub-paragraph (2) shall apply in relation to the acts and defaults of a member in connection with that member's functions of management as if that member was a director of the body corporate.
Where a Scottish partnership is guilty of an offence under these Regulations (including where it is so guilty by virtue of sub-paragraph (1)) in respect of any act or default which is shown to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner in the partnership, both the partner and the partnership shall be guilty of that offence and shall be liable to be proceeded against and punished accordingly.