Part 3: Touting, Advertising and Trading Offences Schedule 3 – Further provision about enforcement Section 21: Offences by directors, partners etc
Section 21(1) sets out circumstances in which, where the touting, advertising or trading offence has been committed by a body corporate, an individual (as well as the body corporate) will also be liable to have proceedings taken against them. In particular, if it is proven that the offence was committed with the consent or connivance of a person falling within subsection (2) or is attributable to any neglect on the part of such a person, that person - as well as the body or organisation - could also be found guilty.
	This is intended to ensure that both a company and an individual could be found guilty of the offence.
	The persons listed in subsection (2) are a director, manager, secretary or other similar officer of the body, or any person who was purporting to act in such a capacity. Subsection (3) provides where a body corporate is managed by its members, subsection (1) applies to a member as if they were a director i.e. a member could also be liable for the offence in the same circumstances a director could be.
	Subsection (4) makes similar provision with regard to the partners of a Scottish partnership.
	Subsection (5) limits subsections (1) to (4) by providing that where the ticketing offence is carried out overseas by a body corporate or Scottish partnership, the offence only applies in respect of an officer where that officer is a United Kingdom national or habitually resident in the United Kingdom, a body incorporated under the law of a part of the United Kingdom, or a Scottish partnership.