555.This section makes provision in relation to corporate offending, By virtue of subsections (1) and (2), where an offence is committed under the Act by a company, partnership or other body, and is proved to have been committed with the consent or the connivance of a “relevant individual” or an individual acting as such – or because of any neglect by the “relevant individual” – that individual, as well as the body corporate, partnership or other unincorporated association, will be guilty of the offence and liable to punishment.
556.Subsections (2) and (3) define a “relevant individual” in relation to a company as a director, manager, secretary or other similar officer (i.e. with managerial responsibility for the body under company law), or a member (where the affairs of the body are managed by its members). In relation to a limited liability partnership, it is a member; in relation to other kinds of partnership, a partner; and in relation to any other body or association, it is a person who is concerned with the management or control of that body or association.
The Act General Section 125 – Individual culpability where offending by an organisation