# The Supply of Machinery (Safety) Regulations 2008, Regulation 24: Liability of persons other than the principal offender


(1) Where the commission by a person of an offence under these Regulations is due to anything which another person did or failed to do in the course of a business, that other person shall be guilty of the offence and may be proceeded against and punished, whether or not proceedings are taken against the first person
(2) Where a body corporate commits an offence and it is proved that the offence was committed—
(a) with the consent or connivance of an officer of the body corporate; or
(b) as a result of the negligence of an officer of the body corporate,
the officer, as well as the body corporate, shall be guilty of the offence.
(3) In paragraph (2), a reference to an officer of a body corporate includes a reference to—
(a) a director, manager, secretary or other similar officer of the body corporate;
(b) a person purporting to act as a director, manager, secretary or other similar officer; and
(c) if the affairs of the body corporate are managed by its members, a member.
(4) In this regulation, references to a “body corporate” include references to a partnership in Scotland, and in relation to such partnership, any reference to a director, manager, secretary or other similar officer of a body corporate is a reference to a partner.

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Source: https://www.legislation.gov.uk/uksi/2008/1597/regulation/24 (the official version)
Page: https://openlegislation.uk/supply-of-machinery-safety-regulations-2008/regulation-24
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

