Section 12 Offences by directors, partners, etcF1C1C2C3
United Kingdom
Where a relevant offence has been committed by a body corporate and it is proved that the offence—
has been committed with the consent or connivance of a person falling within subsection (2), or
is attributable to any neglect on the part of such a person,
that person (as well as the body corporate) is guilty of that offence and liable to be proceeded against and punished accordingly.
The persons are—
a director, manager, secretary or similar officer of the body corporate;
any person who was purporting to act in such a capacity.
Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member, in connection with that management, as if the member were a director of the body corporate.
Where a relevant offence has been committed by a Scottish firm and it is proved that the offence—
has been committed with the consent or connivance of a partner of the firm or a person purporting to act as such a partner, or
is attributable to any neglect on the part of such a person,
that person (as well as the firm) is guilty of that offence and liable to be proceeded against and punished accordingly.
In this section “relevant offence” means an offence under any provision of sections 1 to 6 of this Act.
Annotations
Textual amendments
- F1
S. 12 substituted (E.W.) (12.1.2010) by Marine and Coastal Access Act 2009 (c. 23), ss. 200, 324(3); S.I. 2009/3345, art. 2, Sch. para. 8; and amendment extended (S.) (24.2.2011) by Marine (Scotland) Act 2010 (asp 5), ss. 158, 168(1) (with s. 162); S.S.I. 2011/58, art. 2(a)
Modifications
- C1
S. 12 extended by Fisheries Act 1981 (c. 29, SIF 52:1), s. 30(1)(b)
- C2
S. 12 applied (S.) (17.6.2024) by The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (S.S.I. 2024/165), regs. 1(2)(b), 12(5)
- C3
S. 12 applied (S.) (7.3.2026) by The Sea Fisheries (Remote Electronic Monitoring and Regulation of Scallop Fishing) (Scotland) Regulations 2024 (S.S.I. 2024/165), regs. 1(2)(d), 22(5)