Prospective

OffencesU.K.

26Liability for offence committed by a bodyU.K.

(1)Subsection (2) applies where a person who is not an individual (“the body”) commits an offence under—

(a)section 24(1) (failure to comply with compliance notice),

(b)section 24(2) (failure to comply with restriction notice), or

(c)paragraph 10 of Schedule 3 (failure to comply with information notice).

(2)If the offence—

(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)Subsection (4) applies where a person who is not an individual (“the body”) commits an offence under—

(a)section 25 (providing false or misleading information to the Security Industry Authority),

(b)paragraph 11 of Schedule 3 (obstructing an authorised inspector), or

(c)paragraph 12 of Schedule 3 (pretending to be an authorised inspector).

(4)If 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.

(5)“Relevant person” means—

(a)in relation to a body corporate other than one whose affairs are managed by its members, an officer of the body or any other person who is concerned in the management or control of the body;

(b)in relation to a body corporate whose affairs are managed by its members, a member or any other person who is concerned in the management or control of the body;

(c)in relation to a limited partnership, a general partner or any other person who is concerned in the management or control of the limited partnership;

(d)in relation to any other partnership, a partner or any other person who is concerned in the management or control of the partnership;

(e)in relation to any other unincorporated association, a person who is concerned in the management or control of the association.