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The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016

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Changes over time for: Section 27

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The Financial Services and Markets Act 2000 (Transparency of Securities Financing Transactions and of Reuse) Regulations 2016, Section 27 is up to date with all changes known to be in force on or before 30 October 2024. 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

Proceedings against unincorporated bodiesU.K.

This section has no associated Explanatory Memorandum

27.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or other unincorporated association must be brought in the name of the partnership or association (and not in that of any of its members).

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

(3) Rules of court relating to the service of documents are to have effect as if a partnership or association were a body corporate.

(4) In proceedings for an offence brought against a partnership or association—

(a)section 33 M1 (procedure on charge of offence against corporation) of the Criminal Justice Act 1925 and section 46 (corporations) of and Schedule 3 M2 to the Magistrates' Courts Act 1980 apply as they do in relation to a body corporate;

(b)section 70 and 143 M3 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 1995 apply; and

(c)section 18 (procedure on charge) of the Criminal Justice (Northern Ireland) Act 1945 M4 and section 166 (corporations) of and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 M5 apply as they do in relation to a body corporate.

(5) Summary proceedings for an offence under regulation 24 may be taken—

(a)against a body corporate or unincorporated association at any place at which it has a place of business; and

(b)against an individual at any place where that individual is for the time being.

(6) Paragraph (5) does not affect any jurisdiction exercisable apart from this regulation.

Marginal Citations

M21980 c.43. Schedule 3 was amended by the Criminal Justice Act 1991 (c.53), section 25(2) and Schedule 13, and the Criminal Justice Act 2003 (c.44), Schedule 3, paragraph 51 and Schedule 37, Part 4.

M31995 c.46. Section 70 was amended by section 66 of the Criminal Justice and Licensing (Scotland) Act 2010 asp 13. Section 143 is amended by section 67 of the Criminal Justice and Licensing (Scotland) Act 2010 asp 13, section 17 of the Criminal Proceedings etc. (Reform) (Scotland) Act 2007 asp 6 and S.S.I. 2001/128.

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