71.   Liability of public and private officials
Where a breach of this Act or licence has been committed by a person other than an individual any individual including a public officer who at the time of the breach was director, manager, supervisor, partner or other similarly responsible individual, may be found individually liable for that breach if—
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(a)     having regard to the nature of his or her functions;
 
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(b)     and his or her or reasonable ability to prevent that breach,
 
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the breach was committed with his or her consent or connivance, or he or she failed to exercise reasonable diligence to prevent the breach.