PART 9GENERAL

Criminal Offences

Proceedings against unincorporated bodies118

1

Proceedings for an offence alleged to have been committed by a partnership or an unincorporated association must be brought in the name of the partnership or association (and not in that of its members).

2

A fine imposed on the partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association.

3

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

4

In proceedings for an offence brought against the partnership or association—

a

section 33 of the Criminal Justice Act 192541 (procedure on charge of offence against corporation) and section 46 of and Schedule 3 to the Magistrates’ Courts Act 198042 (corporations) apply as they do in relation to a body corporate;

b

section 70 of the Criminal Procedure (Scotland) Act 199543 (proceedings against bodies corporate) applies as it does in relation to a body corporate;

c

section 18 of the Criminal Justice (Northern Ireland) Act 194544 (procedure on charge) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 198145 (corporations) apply as they do in relation to a body corporate.

5

Summary proceedings for an offence under these Regulations may be taken—

a

against a body corporate or unincorporated association at any place at which it has a place of business;

b

against an individual at any place where they are for the time being.

6

Paragraph (5) does not affect any jurisdiction exercisable apart from this regulation.