The Wine Regulations 2011

Proceedings against partnerships and unincorporated associations

16.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or 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) section 33 of the Criminal Justice Act 1925(1) and Schedule 3 to the Magistrates’ Court Act 1980(2);

(c) section 70 and section 143 of the Criminal Procedure (Scotland) Act 1995(3);

(d) section 18 of the Criminal Justice Act (Northern Ireland) 1945(4) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(5).

(3) A fine imposed on a partnership or unincorporated association is to be paid out of the funds of the partnership or association.

(1)

1925 c. 86. Section 33 was amended by Schedule 6 to the Magistrates Courts Act 1952 (c.55), section 56(1) of and Part II of Schedule 8 to the Courts Act 1971 (c.23) and section 109 of and paragraph 71 of Schedule 8, and Schedule 10 to Courts Act 2003 (c.39).

(2)

1980 c. 43. Schedule 3 was amended by sections 25(2), 101(2) of and Schedule 13 to the Criminal Justice Act 1991 (c. 53), section 47 of and paragraph 13 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c.25), and sections 41 and 332 of and paragraph 51 of Schedule 3, and Part 4 of Schedule 37 to the Criminal Justice Act 2003 (c.44).

(3)

1995 c. 46. Section 70 was amended by article 3(1) of and paragraph 104(2) of Schedule 1 to S.I 2001/1149, section 10(6) of the Criminal Procedure (Amendment) (Scotland) Act 2004 (asp 5) and section 28 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 (asp 6). Section 143 was amended by regulation 5 of and paragraph 3 of Schedule 4 to S.S.I 2001/128 and by section 17 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007.

(4)

1945 c.15 (NI) Section 18 was amended by the Magistrates’ Courts Act (NI) 1964 c.(NI), the Prosecution of Offences (NI) Order 1972 (SI No 538 (NI 1)), the Insurance Companies Act 1974 (c.49), the Banking Act 1979 (c.37), the Insurance Companies Act 1980 (c.25), and the Justice (NI) Act 2002 (c.26).

(5)

S.I. 1981/1675 (N.I .26).