Commentary on Sections Offences Section 31: Individual culpability where offending by an organisation
69.By virtue of subsections (1) and (2) of this section, 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.
70.Subsection (3) defines a “responsible 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.