The Structure and a Summary of the Act Part 6 – Final Provisions Section 39: Offences by bodies corporate etc.
152.Section 39 provides that where an offence under the Act was committed by a body corporate or a Scottish partnership or other unincorporated association and it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, a relevant individual or someone purporting to be acting in the capacity of a relevant individual, that individual, as well as the body corporate, partnership or unincorporated association, commits the offence and is liable to be proceeded against and punished accordingly.
153.Subsection (2) defines what is meant by a “relevant individual” for the purpose of this section.