{
  "url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/regulation-46",
  "json_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019/regulation-46.json",
  "legislation": "uksi/2019/1517",
  "legislation_title": "The Official Controls (Plant Health and Genetically Modified Organisms) (England) Regulations 2019",
  "legislation_url": "https://openlegislation.uk/official-controls-plant-health-and-genetically-modified-organisms-england-regulations-2019",
  "path": "regulation/46",
  "kind": "regulation",
  "number": "46",
  "heading": "Offences by bodies corporate",
  "text": "(1) Where an offence under this Part or paragraph 22 of Schedule 4A (failure to comply with a stop notice) has been committed by a body corporate and the offence is proved—\n(a) to have been committed with the consent or connivance of an officer, or\n(b) to be attributable to any neglect on the part of an officer,\nthe officer, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.\n(2) In paragraph (1), “officer”, in relation to a body corporate, means—\n(a) a director, manager, secretary or other similar officer of the body; or\n(b) a person purporting to act in any such capacity.\n(3) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as it applies to an officer of a body corporate.",
  "extent": "E+W",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Words in reg. 46(1) inserted (29.10.2020) by The Official Controls (Plant Health and Genetically Modified Organisms) (England) (Amendment) (No. 4) Regulations 2020 (S.I. 2020/1089), regs. 1, 2(6)"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "Reg. 46 in force at 14.1.2020, see reg. 1(1)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/uksi/2019/1517/regulation/46",
    "retrieved_at": "2026-10-28T22:35:09.912166+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}