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The Deposit Scheme for Drinks Containers (England and Northern Ireland) Regulations 2025

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Change 1

What to do with it
As published

88 Liability of directors etc.

(1) If a relevant offence— (a) is committed by a body corporate, a Scottish partnership or other unincorporated association, and (b) is proved to have been committed with the consent or connivance, or to be attributable only to neglect on the part of— (i) any relevant individual, or (ii) an individual purporting to act in the capacity of a relevant individual, the individual, as well as the body corporate, Scottish partnership or other unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where a person (“A”) commits a relevant offence due to the act or default of some other person (“B”), B is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against A. (3) In this regulation— “relevant individual”— in relation to a body corporate, means— a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or where the affairs of the body corporate are managed by its members, a member; in relation to a limited liability partnership, means a member; in relation to a relevant partnership, means a partner; in relation to an unincorporated association (other than a relevant partnership), means a person who is concerned in the management and control of the association; “relevant offence” means an offence under regulation 86 or 87; “relevant partnership” means a partnership, other than a limited liability partnership, and includes a Scottish partnership.

Your change, as a redline

88 Liability of directors etc.

(1) If a relevant offence— (a) is committed by a body corporate, a Scottish partnership or other unincorporated association, and (b) is proved to have been committed with the consent or connivance, or to be attributable only to neglect on the part of— (i) any relevant individual, or (ii) an individual purporting to act in the capacity of a relevant individual, the individual, as well as the body corporate, Scottish partnership or other unincorporated association, is guilty of the offence and liable to be proceeded against and punished accordingly. (2) Where a person (“A”) commits a relevant offence due to the act or default of some other person (“B”), B is also guilty of the offence and liable to be proceeded against and punished accordingly, whether or not proceedings for the offence are taken against A. (3) In this regulation— “relevant individual”— in relation to a body corporate, means— a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or where the affairs of the body corporate are managed by its members, a member; in relation to a limited liability partnership, means a member; in relation to a relevant partnership, means a partner; in relation to an unincorporated association (other than a relevant partnership), means a person who is concerned in the management and control of the association; “relevant offence” means an offence under regulation 86 or 87; “relevant partnership” means a partnership, other than a limited liability partnership, and includes a Scottish partnership.

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How this law is officially changed

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