Page:Organised Crime Act 2015.pdf/77

78 Offences by bodies corporate, etc.

76.—(1) Where an offence under this Act committed by a body corporate is proved—
 * (a) to have been committed with the consent or connivance of an officer of the body corporate; or
 * (b) to be attributable to any neglect on his or her part,

the officer as well as the body corporate shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.

(2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his or her functions of management as if he or she were a director of the body corporate.

(3) Where an offence under this Act committed by a partnership is proved—
 * (a) to have been committed with the consent or connivance of a partner; or
 * (b) to be attributable to any neglect on his or her part,

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

(4) Where an offence under this Act committed by an unincorporated association (other than a partnership) is proved—
 * (a) to have been committed with the consent or connivance of an officer of the unincorporated association or a member of its governing body; or
 * (b) to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the unincorporated association shall be guilty of the offence and shall be liable to be proceeded against and punished accordingly.