Article 38 Offences by bodies corporate

(1)

Where a body corporate is guilty of an offence under the Act by virtue of this Order and that offence is shown to have been committed with the consent or connivance of, or to have been attributable to any neglect on the part of—

(a)

any director, manager, secretary or other similar officer of the body corporate, or

(b)

any person purporting to act in any such capacity,

that person as well as the body corporate is guilty of an offence and liable to be proceeded against and punished accordingly.

(2)

If the affairs of a body corporate are managed by its members, the provisions of paragraph (1) apply in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(3)

For the purposes of paragraph (1), “director” in relation to a body corporate whose affairs are managed by its members, means a member of the body corporate and “body corporate” includes a partnership in Scotland, and, in relation to such a partnership, a reference to a director or other officer of a body corporate is a reference to a partner.