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Change 1
As published
31 Liability of others for certain offences committed by bodies
(1) Where an offence under section 26 is committed by a body and the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(2) Where any other offence under this Part, or under any regulations under section 13 or 14—
(a) is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or
(b) is attributable to neglect on the part of such a person,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section—
“body” means—
a body corporate,
a partnership, or
an unincorporated association;
“relevant person” means—
in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in relation to any other partnership, a partner;
in relation to an unincorporated association, a person who exercises functions of management with respect to it.
Your change, as a redline
31 Liability of others for certain offences committed by bodies
(1) Where an offence under section 26 is committed by a body and the offence is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(2) Where any other offence under this Part, or under any regulations under section 13 or 14—
(a) is committed with the consent or connivance of a relevant person in relation to the body, or a person purporting to act in the capacity of a relevant person in relation to the body, or
(b) is attributable to neglect on the part of such a person,
the person (as well as the body) commits the offence and is liable to be proceeded against and punished accordingly.
(3) In this section—
“body” means—
a body corporate,
a partnership, or
an unincorporated association;
“relevant person” means—
in relation to a body corporate other than one whose affairs are managed by its members, a director, manager, secretary or other similar officer of the body;
in relation to a limited liability partnership or other body corporate whose affairs are managed by its members, a member who exercises functions of management with respect to it;
in relation to a limited partnership, a general partner (within the meaning given by section 3 of the Limited Partnerships Act 1907);
in relation to any other partnership, a partner;
in relation to an unincorporated association, a person who exercises functions of management with respect to it.
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