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Hill Farming Act 1946
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Hill Farming Act 1946, Section 34A is up to date with all changes known to be in force on or before 12 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 227A heading substituted by 2024 asp 4 s. 23(7)(d)
[F134AOffences by bodies corporate etc.S
(1)Where an offence under this Act has been committed by a body corporate and it is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of—
(a)a director, manager, secretary or other similar officer of the body; or
(b)a person who purported to act in any such capacity,
he (as well as the body corporate) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body corporate.
(3)Where an offence under this Act has been committed by a Scottish partnership or other unincorporated association and it is proved to have been committed with the consent or connivance of, or attributable to any neglect on the part of—
(a)in relation to a Scottish partnership, any partner or any person who was purporting to act in such capacity;
(b)in relation to an unincorporated association other than a Scottish partnership, any person who was concerned in the management or control of the association or any person who was purporting to act in any such capacity,
he (as well as the partnership or, as the case may be, other unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.]
Textual Amendments
F1S. 34A inserted (S.) (1.1.2012) by Wildlife and Natural Environment (Scotland) Act 2011 (asp 6), ss. 35, 43(1) (with s. 41(1)); S.S.I. 2011/433, art. 2(1)(g)
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