PART 7Supplementary and final provision

Offences

198Liability of directors etc

1

Subsection (2) applies where—

a

an offence under this Act has been committed by a body corporate, and

b

it is proved to have been committed with the consent or connivance of or to be attributable to neglect on the part of—

i

a director, manager, secretary or similar officer of the body corporate, or

ii

a person who was purporting to act in such a capacity.

2

The director, manager, secretary, officer or person, as well as the body corporate, is guilty of the offence and liable to be proceeded against and punished accordingly.

3

Where the affairs of a body corporate are managed by its members, subsections (1) and (2) apply in relation to the acts and omissions of a member in connection with the member's management functions in relation to the body as if the member were a director of the body corporate.

4

Subsection (5) applies where—

a

an offence under this Act has been committed by a Scottish partnership, and

b

the contravention in question is proved to have occurred with the consent or connivance of, or to be attributable to any neglect on the part of, a partner.

5

The partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.