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Proceedings against partnerships and unincorporated associationsE+W+N.I.

18.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.

(2) For the purposes of such proceedings the following apply as if the partnership or unincorporated association were a body corporate—

(a)rules of court relating to the service of documents;

(b)in relation to England and Wales, section 33 of the Criminal Justice Act 1925(1) and Schedule 3 to the Magistrates’ Courts Act 1980(2); and

(c)in relation to Northern Ireland, Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(3) (corporations) and section 18 of the Criminal Justice Act (Northern Ireland) 1945 (procedure on charge)(4).

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

Commencement Information

I1Reg. 18 in force at 30.4.2018, see reg. 1(2)

(1)

1925 c. 86. Relevant amending enactments are the Magistrates’ Courts Act 1952 (c. 55), Schedule 6 and the Courts Act 1971 (c. 23), paragraph 19 of Schedule 8.

(2)

1980 c. 43. Relevant amending enactments are the Criminal Justice Act 1991 (c. 53), sections 25(2) and 101(2) and Schedule 13 and the Criminal Justice Act 2003 (c. 44), paragraph 51(13) of Schedule 3 and Schedule 37.