Moved by
Lord Parkinson of Whitley Bay
268FA: Clause 166, page 143, line 10, leave out “or 164” and insert “, 164 or (Offence of encouraging or assisting serious self-harm)”
Member’s explanatory statement
This amendment ensures that clause 166, which is about the liability of corporate officers for offences, applies in relation to the new offence proposed by the amendment in the Minister’s name to be inserted after clause 164.
268FB: Clause 166, page 143, line 22, at end insert—
“(2A) If an offence under section (Offence of encouraging or assisting serious self-harm) is committed by a Scottish partnership and it is proved that the offence—
(a) has been committed with the consent or connivance of a partner of the partnership, or
(b) is attributable to any neglect on the part of a partner of the partnership,
the partner (as well as the partnership) commits the offence and is liable to be proceeded against and punished accordingly.
(2B) “Partner”, in relation to a Scottish partnership, includes any person who was purporting to act as a partner.”
Member’s explanatory statement
This amendment ensures that clause 166, which is about the liability of corporate officers for offences, applies to Scottish partnerships.
268G: Clause 166, page 143, line 23, leave out subsection (3)
Member’s explanatory statement
This is a technical amendment about extent - the extent of clause 166 is now dealt with by amendments of clause 210 (see the amendments of that clause in the Minister’s name).