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Regulation 11 Liability of persons other than the principal offender

United Kingdom

(1)

Where the commission by a person of an offence under regulation 8 is due to anything that another person did or failed to do in the course of a business, that other person is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person.

(2)

Where a body corporate or a Scottish partnership commits an offence and it is proved that the offence was committed—

(a)

with the consent or connivance of a relevant person; or

(b)

as a result of the negligence of a relevant person,

that person, as well as the body corporate, is guilty of the offence.

(3)

A “relevant person” means—

(a)

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

(b)

in relation to a body corporate managed by its members, a member of that body performing managerial functions;

(c)

in relation to a Scottish partnership, a partner;

(d)

a person purporting to act as a person described in sub-paragraph (a), (b) or (c).