§ 8.—(1) This paragraph applies where an offence under paragraph 1(3) is committed by an institution and it is proved that the offence—
- (a) was committed with the consent or connivance of an officer of the institution, or
- (b) was attributable to neglect on the part of an officer of the institution.
§ (2) The officer, as well as the institution, shall be guilty of the offence.
§ (3) Where an individual is convicted of an offence under paragraph 1(3) by virtue of this paragraph, he shall be liable on summary conviction to—
- (a) imprisonment for a term not exceeding six months,
- (b) a fine not exceeding level 5 on the standard scale, or
- (c) both.
§ (4) In the case of an institution which is a body corporate, in this paragraph "officer" includes—
- (a) a director, manager or secretary,
- (b) a person purporting to act as a director, manager or secretary, and
- (c) if the affairs of the body are managed by its members, a member.
§ (5) In the case of an institution which is a partnership, in this paragraph "officer" means a partner.
§ (6) In the case of an institution which is an unincorporated association (other than a partnership), in this paragraph "officer" means a person concerned in the management or control of the association.