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Change 1
As published
102C Offences by bodies corporate etc
(1) If an offence under this Part of 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, or
(b) to be attributable to any neglect on the part of an officer of the body,
he, as well as the body corporate, is guilty of the offence.
(2) In subsection (1) a reference to an officer of a body includes a reference to—
(a) a director, manager or secretary;
(b) a person purporting to act as an officer of the body.
(3) If 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 functions of management as if he were a director of the body.
(4) If an offence under this Part of 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 the part of a partner,
he, as well as the partnership, is guilty of the offence.
(5) In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.
(6) If an offence under this Part of 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 association, or
(b) to be attributable to any neglect on the part of an officer of the association,
he, as well as the association, is guilty of the offence.
(7) In subsection (6) a reference to an officer of an association includes a reference to—
(a) a member of its governing body;
(b) a person purporting to act in the capacity of an officer of the association.
Your change, as a redline
102C Offences by bodies corporate etc
(1) If an offence under this Part of 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, or
(b) to be attributable to any neglect on the part of an officer of the body,
he, as well as the body corporate, is guilty of the offence.
(2) In subsection (1) a reference to an officer of a body includes a reference to—
(a) a director, manager or secretary;
(b) a person purporting to act as an officer of the body.
(3) If 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 functions of management as if he were a director of the body.
(4) If an offence under this Part of 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 the part of a partner,
he, as well as the partnership, is guilty of the offence.
(5) In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.
(6) If an offence under this Part of 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 association, or
(b) to be attributable to any neglect on the part of an officer of the association,
he, as well as the association, is guilty of the offence.
(7) In subsection (6) a reference to an officer of an association includes a reference to—
(a) a member of its governing body;
(b) a person purporting to act in the capacity of an officer of the association.
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