PART 5Disciplinary measures and offences

Proceedings against unincorporated bodies23.

(1)

Proceedings for an offence under regulation 20 (misleading the FCA) 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 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 (procedure on charge of offence against corporation) of the Criminal Justice Act 192513 and section 46 (corporations) of and Schedule 3 to the Magistrates’ Courts Act 198014 apply as they do in relation to a body corporate;

(b)

sections 70 and 143 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 199515 apply;

(c)

section 18 (procedure on charge) of the Criminal Justice (Northern Ireland) Act 194516 and Schedule 4 (corporations) to the Magistrates’ Courts (Northern Ireland) Order 198117 apply as they do in relation to a body corporate.

(5)

Summary proceedings for an offence under regulation 20 may be taken—

(a)

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

(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.