{
  "url": "https://openlegislation.uk/social-security-scotland-act-2018/section-74",
  "json_url": "https://openlegislation.uk/social-security-scotland-act-2018/section-74.json",
  "legislation": "asp/2018/9",
  "legislation_title": "Social Security (Scotland) Act 2018",
  "legislation_url": "https://openlegislation.uk/social-security-scotland-act-2018",
  "path": "section/74",
  "kind": "section",
  "number": "74",
  "heading": "Individual culpability for offending by an organisation",
  "text": "(1) Subsection (2) applies where—\n(a) an offence under this Act or any regulations made under it is committed by a relevant organisation, and\n(b) the commission of the offence involves the connivance or consent of, or is attributable to the neglect of—\n(i) a responsible official of the organisation, or\n(ii) an individual purporting to act in the capacity of a responsible official.\n(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.\n(3) “Relevant organisation” means—\n(a) a company,\n(b) a partnership (including a limited liability partnership),\n(c) another body or association.\n(4) “Responsible official” means—\n(a) in the case of a company—\n(i) a director, secretary, manager or similar officer, or\n(ii) where the affairs of the company are managed by its members, a member,\n(b) in the case of a limited liability partnership, a member,\n(c) in the case of a partnership other than a limited liability partnership, a partner,\n(d) in the case of another body or association, a person who is concerned in the management or control of its affairs.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "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))"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2018/9/section/74",
    "retrieved_at": "2026-10-29T20:13:13.200385+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."
}