- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (a wnaed Fel)
Dyma’r fersiwn wreiddiol (fel y’i gwnaed yn wreiddiol).
47.—(1) If an offence under these Regulations committed by a body corporate is shown—
(a)to have been committed with the consent or connivance of an officer; or
(b)to be attributable to any neglect on the officer’s part,
the officer as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) If the affairs of a body corporate are managed by its members, paragraph (1) applies in relation to the acts and defaults of a member in connection with the member’s functions of management as if the member were a director of the body.
(3) If an offence under these Regulations committed by a partnership is shown—
(a)to have been committed with the consent or connivance of a partner; or
(b)to be attributable to any neglect on the partner’s part,
the partner as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(4) In paragraph (3), “partner” includes a person purporting to act as a partner.
(5) “Officer”, in relation to a body corporate, means—
(a)a director, member of the committee of management, chief executive, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity; and
(b)an individual who is a controller of the body.
(6) If an offence under these Regulations committed by an unincorporated association (other than a partnership) is shown—
(a)to have been committed with the consent or connivance or an officer of the association or a member of its governing body; or
(b)to be attributable to any neglect on the part of such an officer or member,
that officer or member as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
48.—(1) In this regulation “offence” means an offence under these Regulations.
(2) Proceedings for an offence may be instituted only—
(a)by the Authority or the Department; or
(b)by or with the consent of the Director of Public Prosecutions for Northern Ireland.
(3) In exercising its power to institute proceedings for an offence, the Authority must comply with any conditions or restrictions imposed in writing by the Department.
49.—(1) A fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association.
(2) Proceedings for an offence alleged to have been committed by an incorporated association must be brought in the name of the association (and not in that of any of its members).
(3) Rules of court relating to the service of documents are to have effect as if the association were a body corporate.
(4) In proceedings for an offence brought against an unincorporated association section 18 of the Criminal Justice Act (Northern Ireland) 1945(1) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(2) apply as they do in relation to a body corporate.
(5) Summary proceedings for an offence may be taken—
(a)against a body corporate or unincorporated association at any place at which it has a place of business;
(b)against an individual at any place where the individual is for the time being.
(6) In this regulation “offence” means an offence under these Regulations.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys