{
  "url": "https://openlegislation.uk/referendums-scotland-act-2020/section-36",
  "json_url": "https://openlegislation.uk/referendums-scotland-act-2020/section-36.json",
  "legislation": "asp/2020/2",
  "legislation_title": "Referendums (Scotland) Act 2020",
  "legislation_url": "https://openlegislation.uk/referendums-scotland-act-2020",
  "path": "section/36",
  "kind": "section",
  "number": "36",
  "heading": "Individual culpability for offending by an organisation",
  "text": "(1) Subsection (2) applies where—\n(a) an offence under this Act is committed by—\n(i) a body corporate,\n(ii) a Scottish partnership, or\n(iii) an unincorporated association other than a Scottish partnership, and\n(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—\n(i) a relevant individual, or\n(ii) an individual purporting to act in the capacity of a relevant individual.\n(2) The individual (as well as the body corporate, partnership or (as the case may be) association) commits the offence.\n(3) In subsection (1), “relevant individual” means—\n(a) in relation to a body corporate (other than a limited liability partnership)—\n(i) a director, manager, secretary or other similar officer of the body,\n(ii) where the affairs of the body are managed by its members, a member,\n(b) in relation to a limited liability partnership, a member,\n(c) in relation to a Scottish partnership, a partner,\n(d) in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2020/2/section/36",
    "retrieved_at": "2026-10-29T20:12:54.149805+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."
}