Section 74 Individual culpability for offending by an organisationI1

(1)

Subsection (2) applies where—

(a)

an offence under this Act or any regulations made under it is committed by a relevant organisation, and

(b)

the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—

(i)

a responsible official of the organisation, or

(ii)

an individual purporting to act in the capacity of a responsible official.

(2)

The responsible official (or, as the case may be, the individual purporting to act in that capacity), as well as the organisation, commits the offence.

(3)

“Relevant organisation” means—

(a)

a company,

(b)

a partnership (including a limited liability partnership),

(c)

another body or association.

(4)

“Responsible official” means—

(a)

in the case of a company—

(i)

a director, secretary, manager or similar officer, or

(ii)

where the affairs of the company are managed by its members, a member,

(b)

in the case of a limited liability partnership, a member,

(c)

in the case of a partnership other than a limited liability partnership, a partner,

(d)

in the case of another body or association, a person who is concerned in the management or control of its affairs.

Annotations

Commencement

I1: S. 74 in force at 22.10.2018 by S.S.I. 2018/298, reg. 2(1)(l) (with reg. 3) (as amended (10.12.2019) by S.S.I. 2019/406, regs. 1, 2(2))

Notes on Chapter 6

Textual amendments

F1: Pt. 2 Ch. 6 title substituted (11.11.2020) by Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(2), 18(1) (with s. 6)

Notes on ...

Textual amendments

F1: S. 71 crossheading omitted (11.11.2020) by virtue of Social Security Administration and Tribunal Membership (Scotland) Act 2020 (asp 18), ss. 5(3), 18(1) (with s. 6)