Part V Supplementary Provisions

Criminal proceedings

92 Criminal proceedings against unincorporated bodies.

1

Proceedings for an offence alleged to have been committed under this Act by an unincorporated body shall be brought in the name of that body (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 shall have effect as if that body were a corporation.

2

A fine imposed on an unincorporated body on its conviction of an offence under this Act shall be paid out of the funds of that body.

3

In a case in which an unincorporated body is charged with an offence under this Act—

a

in England or Wales, section 33 of the M1Criminal Justice Act 1925 and Schedule 3 to the M2Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation);

b

in Northern Ireland, section 18 of the M3Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M4Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation)

shall have effect in like manner as they have effect in the case of a corporation so charged.

4

In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated body, section 74 of the M5Criminal Procedure (Scotland) Act 1975 (proceedings on indictment against bodies corporate) shall have effect as if that body were a body corporate.