Section 26 — Liability of nominated individual

(1) If—

(a) a person (“B”) who is, or is seeking to become, a regulated body commits an offence under section 20 or 24, and

(b) at the time of that offence, another person (“A”) is the nominated individual for the information to which the offence relates,

A also commits the offence.

(2) For the purposes of subsection (1), A is the nominated individual for information if A stands nominated by B as the individual responsible for the information further to—

(a) an authorisation requirement of the sort described in section 15(1), or

(b) operator licensing regulations of the sort described in section 15(2).

(3) In determining for the purposes of subsection (1)(a) whether an offence has been committed by B, the defence in section 20(2) or 24(7) is to be ignored.

(4) It is a defence for A to prove that A took all reasonable precautions and exercised all due diligence to avoid the commission of the offence by B.