Corporate bodies, partnerships and unincorporated associations16
1
Where—
a
an offence under these Regulations has been committed by a body corporate, partnership, Scottish partnership or other unincorporated association, and
b
it is proved that the offence was committed with the consent or connivance of, or was attributable to any neglect on the part of, an individual (including an individual purporting to act in the capacity of a relevant individual),
the relevant individual as well as the body corporate, partnership, Scottish partnership or other unincorporated association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1), “relevant individual” means—
a
in relation to a body corporate—
i
a director, manager, secretary or other similar officer of the body;
ii
where the affairs of the body are managed by its members, a member;
b
in relation to a partnership or a Scottish partnership, a partner;
c
in relation to an unincorporated association other than a Scottish partnership, a person who is concerned in the management or control of the association.
3
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.
4
For the purposes of proceedings pursuant to paragraph (3) the following provisions apply as if the partnership or unincorporated association were a body corporate—
a
rules of court relating to the service of documents;
b
section 33 of the Criminal Justice Act 192511; and
c
Schedule 3 to the Magistrates’ Courts Act 198012.
5
A fine imposed on a partnership or an unincorporated association on conviction for an offence under these Regulations is to be paid out of the funds of the partnership or association.