Corporate, partnership and unincorporated association offencesI115
1
Where—
a
an offence under these Regulations has been committed by a body corporate or a 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, a relevant individual (including a person purporting to act in the capacity of a relevant individual),
the relevant individual as well as the body corporate, partnership or unincorporated association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
2
In paragraph (1), “relevant individual” (“unigolyn perthnasol”) 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, a partner;
c
in relation to an unincorporated association, 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 purpose 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 19256; and
c
Schedule 3 to the Magistrates’ Courts Act 19807.
5
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 unincorporated association.