PART 2Offences
Offences by partnerships and unincorporated associationsI111
1
Proceedings for an offence under this Part alleged to have been committed by a partnership (other than a Scottish partnership) or an unincorporated association must be brought against the partnership or association in the name of the partnership or association.
2
For the purposes of such proceedings—
a
rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate; and
b
the following provisions apply as they apply in relation to a body corporate—
i
ii
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (proceedings against organisations and prosecution of companies, etc.) M3;
3
A fine imposed on a partnership or unincorporated association on its conviction of an offence under this Part is to be paid out of the funds of the partnership or association.
4
If an offence under this Part 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 liable to be proceeded against and punished accordingly.
5
In paragraph (4), “partner” includes a person purporting to act as a partner.
6
If an offence under this Part committed by an unincorporated association (other than a partnership) is proved—
a
to have been committed with the consent or connivance of an officer of the association, or
b
to be attributable to any neglect on the part of such an officer,
the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
7
In paragraph (6), “officer”, in relation to an unincorporated association, means—
a
an officer of the association or a member of its governing body; or
b
a person purporting to act in such a capacity.