Agricultural and Veterinary Chemicals (Control of Use) Act 1995
61Offences by corporations and partnerships, &c.
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61 Offences by corporations and partnerships, &c.
(1) If a corporation commits an offence against this Act, each person who is a director or is concerned in the management of the corporation is also guilty of the offence and liable to the penalty for it.
(2) It is a defence to a charge brought under subsection (1) against a person who is the director, or is concerned in the management, of a corporation if that person proves that –
(a) the commission of the offence by the corporation occurred without the knowledge of the person; or
(b) the person was not in a position to influence the conduct of the corporation in relation to the commission of the offence; or
(c) the person, being in such a position, used all reasonable diligence to prevent the commission of the offence by the corporation; or
(d) the corporation would not have been found guilty of the offence because of a defence available under this Act.
(3) A person who is a director, or is concerned in the management, of a corporation may, by virtue of subsection (1) , be proceeded against and be convicted of an offence whether or not the corporation has been proceeded against or convicted in respect of the offence.
(4) When in any proceedings under this Act it is necessary to establish the intention of a corporation, it is sufficient to show that an employee or agent of the corporation had that intention.
(5) If a person who is a partner in a partnership commits an offence against this Act in the course of the activities of the partnership, each other person who is a partner in the partnership is also guilty of the offence and liable to the penalty for it.
(6) If a person who is concerned in the management of an unincorporated association commits an offence against this Act in the course of the activities of the unincorporated association, each other person who is at the time of the commission of the offence concerned in the management of the unincorporated association is also guilty of the offence and liable to the penalty for it.
(7) It is a defence to a charge brought under subsection (5) or (6) if the person charged proves that –