C1PART 1PENSION SCHEME MEMBERSHIP FOR JOBHOLDERS
CHAPTER 2COMPLIANCE
Offences and monitoring
I147Offences by partnerships and unincorporated associations
1
Proceedings for an offence under section 45 alleged to have been committed by a partnership or an unincorporated association may be brought 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 are to have effect as if the partnership or association were a body corporate;
b
Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (NI 26) applies in relation to the partnership or association as it applies in relation to a body corporate.
3
A fine imposed on a partnership or association on its conviction of an offence under section 45 is to be paid out of the funds of the partnership or association.
4
Subsection (5) applies where an offence under section 45 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 any neglect on the part of a partner.
5
The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
Subsection (7) applies where an offence under section 45 committed by an unincorporated association is proved—
a
to have been committed with the consent or connivance of an officer of the association, or
b
to be attributable to any neglect on the part of an officer of the association.
7
The officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
8
“Officer” in this section means—
a
an officer of the association or a member of its governing body, or
b
a person purporting to act in such capacity.
9
“Partner” in this section includes a person purporting to act as a partner.
Pt. 1 applied (with modifications) (1.7.2012) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), arts. 1(1), 2 (with art. 5)