Part 4: Consumer rights and disputes Offences relating to unfair commercial practices Section 239: Offences: Criminal liability of others
Subsections (1) to (3) have the effect that if a trader commits a relevant offence under section 237 (see section 237), or would have done so but for a defence under section 238, and this is due to the act or omission of another person, that person commits the offence and can also be charged with an offence, regardless of whether action is taken against the trader.
	Subsection (4) specifies that references to a relevant offence under section 237 in other parts of the Chapter include references to an offence under that section by virtue of subsection (2) (where the commission of the offence, or of what would have been the offence, is due to the act or omission of another person, ‘P’, and ‘P’ commits the offence whether or not ‘P’ is a trader and whether or not P’s act or omission is a commercial practice).
	Subsection (5) sets out that where a body corporate commits an offence with the consent or connivance of an officer of that body, both the officer and the body corporate is guilty of the offence and liable to be prosecuted and punished. This also applies if the offence is attributable to neglect on the part of the officer. Where the offence is committed by a limited liability partnership (LLP), subsection (6) sets out that members who hold a management function in that LLP may be guilty of an offence should the LLP engage in an offence by virtue of subsection 5. Subsection 7 sets out where a Scottish partnership commits an offence with the consent or connivance of a partner or due to neglect on the part of the partner, the partner as well as the partnership is guilty of the offence and liable to be prosecuted and punished.
	Subsection (8) specifies that references to offences under section 237 in other parts of the Chapter include reference to offences by virtue of subsection (5) or (7).