The Areas of Natural Constraint Regulations (Northern Ireland) 2016

Offences by bodies corporate, partnerships or unincorporated associations N.I.

17.— [F1 (1) Proceedings for an offence under regulation 16 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.

(2) For the purposes of such proceedings—

(a) rules of court relating to the service of documents have effect as if the partnership or association were a body corporate, and

(b) section 18 of the Criminal Justice Act (Northern Ireland) 1945 M1 and Schedule 4 to the Magistrates' Court (Northern Ireland) Order 1981 M2 apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) If an offence under regulation 16 committed by a body corporate is proved—

(a) to have been committed with the consent or connivance of an officer, or

(b) to be attributable to the negligence of an officer,

the officer, as well as the body corporate, is guilty of an offence.

(5) If the affairs of a body corporate are managed by its members, paragraph (3) applies to the acts and omissions of a member in connection with the member's functions of management as it applies to an officer of a body corporate.

(6) If an offence under regulation 16 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 the negligence of a partner,

that partner, as well as the partnership, is guilty of an offence.

(7) If an offence under regulation 16 committed by an unincorporated association is proved—

(a) to have been committed with the consent or connivance of an officer or member of the governing body of the association or other person having management responsibilities in respect of the association, or

(b) to be attributable to the negligence of that officer, member or other person,

that officer, member or other person, as well as the association, is guilty of an offence.]

Textual Amendments

F1 Regulations revoked (with savings) (1.3.2017) by The Areas of Natural Constraint Regulations (Northern Ireland) 2017 (S.R. 2017/8), regs. 1, 18(1) (with reg. 18(2))

Marginal Citations

M1 1945 c. 15

M2 S.I. 1981/1675 (N.I. 26)