Regulation 67 Liability of persons other than principal offender
Where the commission of an offence by one person (“A”) under regulation 64 (offences) is due to anything which another person (“B”) did or failed to do in the course of business, B is guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against A.
Where a body corporate commits an offence, a relevant person is also guilty of the offence where the body corporate's offence was committed—
with the consent or connivance of the relevant person; or
as a result of the negligence of the relevant person.
In paragraph (2), “relevant person” means—
a director, manager, secretary or other similar officer of the body corporate;
in relation to a body corporate managed by its members, a member of that body corporate performing managerial functions;
in relation to a Scottish partnership, a partner;
a person purporting to act as a person described in sub-paragraphs (a), (b) or (c).
Notes on the whole SI
Textual amendments
- F1
- F2
1972 c.68. Section 2(2) was amended by section 27(1)(a) of the Legislative and Regulatory Reform Act 2006 (c.51) and by Part 1 of the Schedule to the European Union (Amendment) Act 2008 (c.7). The enabling powers of section 2(2) were extended by virtue of the amendment of section 1(2) by section 1 of the European Economic Area Act 1993 (c.51).
- F3
Paragraph 1A of Schedule 2 was inserted by section 28 of the Legislative and Regulatory Reform Act 2006 and amended by Part 1 of the Schedule to the European Union (Amendment) Act 2008.