C1C2C3Part VI Drivers’ Hours

Annotations:
Modifications etc. (not altering text)
C1

Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3

C2

Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)

102BF1Partnerships and other unincorporated associations

1

Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

2

Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must be brought in the name of the association (and not in that of any of its members).

3

Rules of court relating to the service of documents have effect as if the partnership or association were a body corporate.

4

In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do in relation to a body corporate—

a

section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

b

section 70 of the Criminal Procedure (Scotland) Act 1995

5

A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.

6

A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.

7

Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.