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Regulation 12 Offences by bodies corporate, partnerships or unincorporated associations

United Kingdom

(1)

Where a body corporate is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, any director, manager, secretary or other similar officer of the body corporate, that person, as well as the body corporate, is guilty of the offence.

(2)

In paragraph (1)—

  • “director”, in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate;

  • “director, manager, secretary of other similar officer of the body corporate” includes a person who was purporting to act in any such capacity.

(3)

Where a partnership is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, a partner, the partner, as well as that partnership, is guilty of the offence.

(4)

In paragraph (3) and regulation 13(1), “partner” includes a person purporting to act as a partner.

(5)

Where an unincorporated association is guilty of an offence under these Regulations and that offence is proved to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of, an officer of the association, that officer, as well as the association, is guilty of the offence.

(6)

In paragraph (5), “officer”, in relation to an unincorporated association, means—

(a)

an officer of the association or a member of its governing body; or

(b)

a person purporting to act in that capacity.