{
  "url": "https://openlegislation.uk/regulatory-reform-scotland-act-2014/section-38",
  "json_url": "https://openlegislation.uk/regulatory-reform-scotland-act-2014/section-38.json",
  "legislation": "asp/2014/3",
  "legislation_title": "Regulatory Reform (Scotland) Act 2014",
  "legislation_url": "https://openlegislation.uk/regulatory-reform-scotland-act-2014",
  "path": "section/38",
  "kind": "section",
  "number": "38",
  "heading": "Vicarious liability for certain offences by employees and agents",
  "text": "(1) Subsection (2) applies where a person (“A”) commits a relevant offence while acting as the employee or agent of another person (“B”).\n(2) B also commits the relevant offence and is liable to be proceeded against and punished accordingly.\n(3) Where B is charged with a relevant offence by virtue of subsection (2), it is a defence for B to show—\n(a) that B did not know that the relevant offence was being committed by A,\n(b) that no reasonable person could have suspected that the relevant offence was being committed by A, and\n(c) that B took all reasonable precautions and exercised all due diligence to prevent the offence being committed.\n(4) Proceedings may be taken against B in respect of the relevant offence whether or not proceedings are also taken against A in respect of that offence.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "S. 38 in force at 30.6.2014 by S.S.I. 2014/160, art. 2(1)(2), Sch."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2014/3/section/38",
    "retrieved_at": "2026-10-29T20:14:18.009362+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."
}