OpenLegislation

Section 34 Individual culpability where offending by an organisationI1I2

Scotland

(1)

This section applies where—

(a)

an offence under this Act is committed by a relevant organisation, and

(b)

the commission of the offence—

(i)

involves consent or connivance on the part of a responsible individual, or

(ii)

is attributable to neglect on the part of a responsible individual.

(2)

The responsible individual (as well as the relevant organisation) commits the offence.

(3)

In this section—

  • “relevant organisation” mean an organisation listed in the first column of the table in subsection (4),

  • “responsible individual” means, in relation to a relevant organisation—

    1. (a)

      an individual falling within the corresponding entry in the second column of the table in subsection (4), or

    2. (b)

      an individual purporting to act in the capacity of an individual falling within the corresponding entry.

(4)

The table is as follows—

Relevant organisationIndividual
company as mentioned in section 1 of the Companies Act 2006director, manager, secretary or other similar officer
member, where the company’s affairs are managed by its members
limited liability partnershipmember
other partnershippartner
any other body or associationindividual who is concerned in the management or control of its affairs

Annotations

Commencement

I1

S. 34 not in force at Royal Assent, see s. 39(2)

I2

S. 34 in force at 20.9.2026 for specified purposes by S.S.I. 2026/257, reg. 2, sch.