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Elections Act 2022

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Changes over time for: Section 59

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Changes to legislation:

Elections Act 2022, Section 59 is up to date with all changes known to be in force on or before 27 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

59Offences committed by unincorporated associations etcU.K.

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(1)Proceedings for an offence alleged to have been committed under this Part by an unincorporated association are to be brought against the association in its own name (and not in that of any of its members) and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if the association were a corporation.

(2)A fine imposed on an unincorporated association on its conviction of an offence under this Part must be paid out of the funds of the association.

(3)Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in England or Wales with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

(4)Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)) (procedure on charge of offence against a corporation) has effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Part in the same way as it has effect in the case of a corporation so charged.

(5)Where a partnership is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, the partner as well as the partnership is guilty of that offence and liable to be proceeded against and punished accordingly.

(6)Where any other unincorporated association is guilty of an offence under this Part and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—

(a)any officer of the association, or

(b)any member of the committee or other similar governing body of the association,

the officer or member, as well as the association, is guilty of that offence and liable to be proceeded against and punished accordingly.

Commencement Information

I1S. 59 not in force at Royal Assent, see s. 67(1)

I2S. 59 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)

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