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Offences by partnerships and unincorporated associations
16.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association by its name.
(2) For the purposes of such proceedings—
(a)rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
(b)section 33 of the Criminal Justice Act 1925() and Schedule 3 to the Magistrates’ Courts Act 1980() 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 for an offence under these Regulations is to be paid out of the funds of the partnership or association.
(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
(6) In paragraph (4), “partner” (“partner”) includes a person purporting to act as a partner.
(7) In paragraph (5), “officer” (“swyddog”) means an officer of the association or a member of its governing body, or a person purporting to act in such a capacity.
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