Offences by partnershipsU.K.

14.—(1) Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.

(2) Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.

(3) For the purposes of such proceedings the following provisions apply as they apply in relation to a body corporate—

(a)section 33 of the Criminal Justice Act 1925 M1 and Schedule 3 to the Magistrates' Court Act 1980 M2;

(b)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 M3;

(c)section 18 of the Criminal Justice Act (Northern Ireland) 1945 M4 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 M5.

(4) A fine imposed on a partnership on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership.

(5) Where an offence under these Regulations committed by a partnership is proved—

(a)to have been committed with the consent or connivance of a partner; or

(b)to be attributable to any neglect on the part of a partner;

the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

(6) Where an offence under these Regulations committed by a Scottish partnership is proved—

(a)to have been committed with the consent or connivance of a partner; or

(b)to be attributable to any neglect on the part of a partner;

the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and dealt with accordingly.

(7) In this regulation, “partner” includes a person purporting to act as a partner.