(1)The powers conferred by section 83 are exercisable by the Secretary of State for the purpose of assisting an overseas regulatory authority which has requested his assistance in connection with inquiries being carried out by it or on its behalf.
(2)An “overseas regulatory authority” means an authority which in a country or territory outside the United Kingdom exercises—
[F1(a)any function corresponding to—
(i)any function of the Secretary of State under the Companies Act 1985 [F2or the Companies Act 2006];
(ii)any function of the Financial Services Authority under the Financial Services and Markets Act 2000;
(iii)any function exercised by the competent authority under Part VI of that Act F3. . . ;]
(b)any function in connection with the investigation of, or the enforcement of rules (whether or not having the force of law) relating to, conduct of the kind prohibited by [F4Part V of the Criminal Justice Act 1993 (insider dealing)], or
(c)any function prescribed for the purposes of this subsection by order of the Secretary of State, being a function which in the opinion of the Secretary of State relates to companies or financial services.
An order under paragraph (c) shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(3)The Secretary of State shall not exercise the powers conferred by section 83 unless [F5he and the Financial Services Authority are] satisfied that the assistance requested by the overseas regulatory authority is for the purposes of its regulatory functions.
An authority’s “regulatory functions” means any functions falling within subsection (2) and any other functions relating to companies or financial services.
(4)In deciding whether to exercise those powers the Secretary of State may take into account, in particular—
(a)whether corresponding assistance would be given in that country or territory to an authority exercising regulatory functions in the United Kingdom;
(b)whether the inquiries relate to the possible breach of a law, or other requirement, which has no close parallel in the United Kingdom or involves the assertion of a jurisdiction not recognised by the United Kingdom;
(c)the seriousness of the matter to which the inquiries relate, the importance to the inquiries of the information sought in the United Kingdom and whether the assistance could be obtained by other means;
(d)whether it is otherwise appropriate in the public interest to give the assistance sought.
(5)Before deciding whether to exercise those powers in a case where the overseas regulatory authority is a banking supervisor, the Secretary of State shall consult the [F6Financial Services Authority].
A “banking supervisor” means an overseas regulatory authority with respect to which the [F6Financial Services Authority]has notified the Secretary of State, for the purposes of this subsection, that it exercises functions corresponding to those of the [F7Authority][F8in relation to authorised persons with permission under the Financial Services and Markets Act 2000 to accept deposits].
[F9(5A)In subsection (5), “authorised person” has the meaning given in the Financial Services and Markets Act 2000 and the references to deposits and their acceptance must be read with—
(a)section 22 of that Act;
(b)any relevant order under that section; and
(c)Schedule 2 to that Act.]
(6)The Secretary of State may decline to exercise those powers unless the overseas regulatory authority undertakes to make such contribution towards the costs of their exercise as the Secretary of State considers appropriate.
(7)References in this section to financial services include, in particular, investment business, insurance and banking.
Textual Amendments
F1S. 82(2)(a) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 76(2)
F2Words in s. 82(2)(a)(i) inserted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 157
F3Words in s. 82(2)(a)(iii) omitted (1.7.2005) by virtue of The Prospectus Regulations 2005 (S.I. 2005/1433), reg. 2(3), Sch. 3 para. 1
F4Words in s. 82(2)(b) substituted (1.3.1994) by 1993 c. 36, s. 79(13), Sch. 5 Pt. I para. 16; S.I. 1994/242, art. 2, Sch.
F5Words in s. 82(3) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 76(3)
F6Words in s. 82(5) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV c. II para. 66(2)(b)(i); S.I. 1998/1120, art. 2
F7Word in s. 82(5) substituted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV c. II para. 66(2)(b)(ii); S.I. 1998/1120, art. 2
F8Words in the definition of “banking supervisor” in s. 82(5) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 76(4)
F9S. 82(5A) inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 76(5)
Modifications etc. (not altering text)
C1S. 82(3): (7.6.1992) certain functions made exercisable concurrently by the Secretary of State and the Treasury by S.I. 1992/1315, arts. 5, 8, Sch. 3 para. 3 (with art. 6).
(1)The following powers may be exercised in accordance with section 82, if the Secretary of State considers there is good reason for their exercise.
(2)The Secretary of State may require any person—
(a)to attend before him at a specified time and place and answer questions or otherwise furnish information with respect to any matter relevant to the inquiries,
(b)to produce at a specified time and place any specified documents which appear to the Secretary of State to relate to any matter relevant to the inquiries, and
(c)otherwise to give him such assistance in connection with the inquiries as he is reasonably able to give.
(3)The Secretary of State may examine a person on oath and may administer an oath accordingly.
(4)Where documents are produced the Secretary of State may take copies or extracts from them.
(5)A person shall not under this section be required to disclose information or produce a document which he would be entitled to refuse to disclose or produce on grounds of legal professional privilege in proceedings in the High Court or on grounds of confidentiality as between client and professional legal adviser in proceedings in the Court of Session, except that a lawyer may be required to furnish the name and address of his client.
(6)A statement by a person in compliance with a requirement imposed under this section may be used in evidence against him.
[F10(6A)However, in criminal proceedings in which that person is charged with an offence to which this subsection applies—
(a)no evidence relating to the statement may be adduced, and
(b)no question relating to it may be asked,
by or on behalf of the prosecution, unless evidence relating to it is adduced, or a question relating to it is asked, in the proceedings by or on behalf of that person.
(6B)Subsection (6A) applies to any offence other than—
(a)an offence under section 85;
(b)an offence under section 2 or 5 of the M1Perjury Act 1911 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath);
(c)an offence under section 44(1) or (2) of the M2Criminal Law (Consolidation) (Scotland) Act 1995 (false statements made on oath or otherwise than on oath); or
(d)an offence under Article 7 or 10 of the M3Perjury (Northern Ireland) Order 1979 (false statements made on oath otherwise than in judicial proceedings or made otherwise than on oath).]
(7)Where a person claims a lien on a document, its production under this section is without prejudice to his lien.
(8)In this section “documents” includes information recorded in any form; and, in relation to information recorded otherwise than in legible form, the power to require its production includes power to require the production of a copy of it in legible form.
Textual Amendments
F10S. 83(6A)(6B) inserted (14.4.2000 for E.W., N.I. and 1.1.2001 for S.) by 1999 c. 23, s. 59, Sch. 3 para.21 (with s. 63(2), Sch. 7 paras. 3(3), 5(2)); S.I. 2000/1034, arts. 2(a), 3(2); S.S.I. 2000/445, art. 2
Marginal Citations
(1)The Secretary of State may authorise an officer of his or any other competent person to exercise on his behalf all or any of the powers conferred by section 83.
(2)No such authority shall be granted except for the purpose of investigating—
(a)the affairs, or any aspects of the affairs, of a person specified in the authority, or
(b)a subject-matter so specified,
being a person who, or subject-matter which, is the subject of the inquiries being carried out by or on behalf of the overseas regulatory authority.
(3)No person shall be bound to comply with a requirement imposed by a person exercising powers by virtue of an authority granted under this section unless he has, if required, produced evidence of his authority.
(4)A person shall not by virtue of an authority under this section be required to disclose any information or produce any documents in respect of which he owes an obligation of confidence by virtue of carrying on the business of banking unless—
(a)the imposing on him of a requirement with respect to such information or documents has been specifically authorised by the Secretary of State, or
(b)the person to whom the obligation of confidence is owed consents to the disclosure or production.
In this subsection “documents” has the same meaning as in section 83.
(5)Where the Secretary of State authorises a person other than one of his officers to exercise any powers by virtue of this section, that person shall make a report to the Secretary of State in such manner as he may require on the exercise of those powers and the results of exercising them.
(1)A person who without reasonable excuse fails to comply with a requirement imposed on him under section 83 commits an offence and is liable on summary conviction to imprisonment for a term not exceeding six months or to a fine not exceeding level 5 on the standard scale, or both.
(2)A person who in purported compliance with any such requirement furnishes information which he knows to be false or misleading in a material particular, or recklessly furnishes information which is false or misleading in a material particular, commits an offence and is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
(b)on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both.
(1)This section applies to information relating to the business or other affairs of a person which—
(a)is supplied by an overseas regulatory authority in connection with a request for assistance, or
(b)is obtained by virtue of the powers conferred by section 83, whether or not any requirement to supply it is made under that section.
(2)Except as permitted by section 87 below, such information shall not be disclosed for any purpose—
(a)by the primary recipient, or
(b)by any person obtaining the information directly or indirectly from him,
without the consent of the person from whom the primary recipient obtained the information and, if different, the person to whom it relates.
(3)The “primary recipient” means, as the case may be—
(a)the Secretary of State,
(b)any person authorised under section 84 to exercise powers on his behalf, and
(c)any officer or servant of any such person.
(4)Information shall not be treated as information to which this section applies if it has been made available to the public by virtue of being disclosed in any circumstances in which, or for any purpose for which, disclosure is not precluded by this section.
(5)A person who contravenes this section commits an offence and is liable—
(a)on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both;
(b)on summary conviction, to imprisonment for a term not exceeding three months or to a fine not exceeding the statutory maximum, or both.
(1)Information to which section 86 applies may be disclosed—
(a)to any person with a view to the institution of, or otherwise for the purposes of, relevant proceedings,
(b)for the purpose of enabling or assisting a relevant authority to discharge any relevant function (including functions in relation to proceedings),
(c)to the Treasury, if the disclosure is made in the interests of investors or in the public interest,
(d)if the information is or has been available to the public from other sources,
(e)in a summary or collection of information framed in such a way as not to enable the identity of any person to whom the information relates to be ascertained, or
(f)in pursuance of any Community obligation.
(2)The relevant proceedings referred to in subsection (1)(a) are—
(a)any criminal proceedings,
[F11(b)civil proceedings arising under or by virtue of the Financial Services and Markets Act 2000 and proceedings before the Upper Tribunal in respect of—
(i)a decision of the Financial Services Authority;
(ii)a decision of the Bank of England; or
(iii)a decision of a person relating to the assessment of any compensation or consideration under the Banking (Special Provisions) Act 2008 or the Banking Act 2009,]
(c)disciplinary proceedings relating to—
(i)the exercise by a [F12relevant lawyer], auditor, accountant, valuer or actuary of his professional duties, or
(ii)the discharge by a public servant of his duties.
[F13(d)proceedings before [F14the Pensions Regulator Tribunal][F14a tribunal in relation to a decision of the Pensions Regulator].]
[F15(2A)In subsection (2)(c)(i) “relevant lawyer” means—
(a)a person who, for the purposes of the Legal Services Act 2007, is an authorised person in relation to an activity which constitutes a reserved legal activity (within the meaning of that Act),
(b)a solicitor or barrister in Northern Ireland, or
(c)a solicitor or advocate in Scotland.]
(3)In subsection (2)(c)(ii) “public servant” means an officer or servant of the Crown or of any public or other authority for the time being designated for the purposes of that provision by order of the Secretary of State.
(4)The relevant authorities referred to in subsection (1)(b), and the relevant functions in relation to each such authority, are as follows—
| Authority | Functions |
|---|---|
| [F16The Secretary of State | Functions under— (a)the enactments relating to companies or insolvency; (b)Part 2, this Part or Part 7 of this Act; (c)the Financial Services and Markets Act 2000.] |
| [F17The Treasury. | Functions under— (a)this Part or Part 7 of this Act; (b)the Financial Services and Markets Act 2000.] |
| [F18An inspector appointed under Part 14 of the Companies Act 1985. | Functions under that Part.] |
| [F19A person authorised to exercise powers under section 447 of the Companies Act 1985 or section 84 of this Act. | Functions under that section.] |
[F19A person appointed under— (a)section 167 of the Financial Services and Markets Act 2000 (general investigations), (b)section 168 of that Act (investigations in particular cases), (c)section 169(1)(b) of that Act (investigation in support of overseas regulator), (d)section 284 of that Act (investigations into affairs of certain collective investment schemes), or (e)regulations made as a result of section 262(2)(k) of that Act (investigations into open-ended investment companies),to conduct an investigation. | Functions in relation to the investigation.] |
| An overseas regulatory authority. | Its regulatory functions (within the meaning of section 82 of this Act). |
| The Department of Economic Development in Northern Ireland or a person appointed or authorised by that Department. | Functions conferred on it or him by the enactments relating to companies or insolvency. |
| F20. . . | F20. . . |
| F20. . . | F20. . . |
| F20. . . | F20. . . |
| F20. . . | F20. . . |
| F20. . . | F20. . . |
| F20. . . | F20. . . |
| The Bank of England. | [F21Any of its functions] |
| [F22The Financial Services Authority. | Functions under the enactments relating to friendly societies, under the Building Societies Act 1986 and under the Financial Services and Markets Act 2000.] |
| [F23A body corporate established in accordance with section 212(1) of that Act. | Functions under the Financial Services Compensation Scheme, established in accordance with section 213 of that Act. |
| A recognised investment exchange or a recognised clearing house (as defined by section 285 of that Act). | Functions in its capacity as an exchange or clearing house recognised under that Act. |
| A body designated under section 326(1) of the Financial Services and Markets Act 2000. | Functions in its capacity as a body designated under that section.] |
| F20. . . | F20. . . |
| [F24A body designated by order under section 1252 of the Companies Act 2006.] | [F24Functions under Part 42 of the Companies Act 2006.] |
| [F25A recognised supervisory or qualifying body within the meaning of Part 42 of the Companies Act 2006.] | [F25Functions as such a body.] |
| F20. . . | F20. . . |
| F26. . . | F26. . . |
| The Official Receiver or, in Northern Ireland, the Official Assignee for company liquidations or for bankruptcy. | Functions under the enactments relating to insolvency. |
| A recognised professional body (within the meaning of section 391 of the Insolvency Act 1986). | Functions in its capacity as such a body under the M4Insolvency Act 1986. |
| F20. . .. | F20. . .. |
| [F27The Pensions Regulator | Functions conferred by or by virtue of— (a) the Pension Schemes Act 1993, (b) the Pensions Act 1995, (c) the Welfare Reform and Pensions Act 1999, (d) the Pensions Act 2004, or any enactment in force in Northern Ireland corresponding to an enactment mentioned in paragraphs (a) to (d) above. |
| The Board of the Pension Protection Fund | Functions conferred by or by virtue of Part 2 of the Pensions Act 2004 or any enactment in force in Northern Ireland corresponding to that Part.] |
| [F28The Office of Fair Trading] | Functions under the [F29Financial Services and Markets Act 2000]. |
| [F30A person authorised by the Secretary of State under sections 245C of the Companies Act 1985.] | [F30Functions relating to the securing of compliance by companies with the accounting requirements of that Act).] |
| [F31The Director General of the National Lottery. | F31Functions under sections 5 to 10 inclusive and section 15 of the National Lottery etc. Act 1993.] |
| [F32The Comptroller and Auditor General. | Functions under Part 2 of the National Audit Act 1983.] |
| [F33The Scottish Ministers | Functions under the enactments relating to insolvency |
| The Accountant in Bankruptcy | Functions he has under the enactments relating to insolvency.] |
| [F34 The Regulator of Community Interest Companies. | Functions under the Companies (Audit, Investigations and Community Enterprise) Act 2004.] |
| [F35The Gambling Commission | Functions under the Gambling Act 2005] |
[F36Note: Article 3(4) of the Companies (Disclosure of Information) (Designated Authorities) (No. 2) Order 2002 restricts the circumstances in which disclosure for the purpose of enabling or assisting the Comptroller and Auditor General to discharge his relevant functions is permitted.]
(5)The Secretary of State may by order amend the Table in subsection (4) so as to—
(a)add any public or other authority to the Table and specify the relevant functions of that authority,
(b)remove any authority from the Table, or
(c)add functions to, or remove functions from, those which are relevant functions in relation to an authority specified in the Table;
and the order may impose conditions subject to which, or otherwise restrict the circumstances in which, disclosure is permitted.
(6)An order under this section shall be made by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament.
Textual Amendments
F11S. 87(2)(b) substituted (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 9(a) (with Sch. 5)
F12Words in s. 87(2)(c)(i) substituted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 82(a) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F13S. 87(2)(d) inserted (6.4.2005) by Pensions Act 2004 (c. 35), ss. 102(4), 322, Sch. 4 para. 20 (with s. 313); S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))
F14Words in s. 87(2)(d) substituted (E.W.S.) (6.4.2010) by The Transfer of Tribunal Functions Order 2010 (S.I. 2010/22), art. 1(2)(e), Sch. 2 para. 9(b) (with Sch. 5)
F15S. 87(2A) inserted (1.1.2010) by Legal Services Act 2007 (c. 29), s. 211(2), Sch. 21 para. 82(b) (with ss. 29, 192, 193); S.I. 2009/3250, art. 2(h)
F16S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(5)
F17S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(6)
F18S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(7)
F19S. 87(4): Entries in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(8)
F20S. 87(4): Entries in the Table repealed (1.12.2001) by S.I. 2001/3649, arts. 1, 77(4)
F21S. 87(4) Table: words inserted (1.6.1998) by 1998 c. 11, s. 23, Sch. 5 Pt. IV c. II para. 66(3); S.I. 1998/1120, art. 2
F22S. 87(4): Entry in the Table substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(9)
F23S. 87(4): Entries in the Table inserted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(10)
F24S. 87(4) Table: entries substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 158
F25S. 87(4) Table: entries substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), art. 2(2), Sch. 1 para. 158
F26S. 87(4): Entry in the Table omitted (30.4.2001) by virtue of S.I. 2001/1283, art. 3(4)
F27S. 87(4) Table: entries substituted (6.4.2005) for entry relating to the Occupational Pensions Regulatory Authority by Pensions Act 2004 (c. 35), ss. 319(1), 322, Sch. 12 para. 6; S.I. 2005/275, art. 2(7), Sch. Pt. 7 (subject to art. 2(12))
F28Words in the Table in s. 87(4) substituted (1.4.2003) by 2002 c. 40, ss. 278, 279, Sch. 25 para. 21(3); S.I. 2003/766, art. 2, Sch. (with transitional and transitory provision in art. 3)
F29Words in the Table in s. 87(4) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 77(11)
F30S. 87(4) Table: entry inserted (16.8.1993) by S.I. 1993/1826, art. 3
F31S. 87(4) Table: entry inserted (10.3.1994) by S.I. 1994/340, art. 3
F32S. 87(4) Table: Entry inserted (14.8.2002) by S.I. 2002/1889, art. 3(2)
F33S. 87(4) Table: entries inserted (1.7.1999) by S.I. 1999/1820, art. 4, Sch. 2 Pt. I para. 96
F34S. 87(4) Table: entry inserted (1.7.2005) by Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27), ss. 25, 65, Sch. 2 para. 29; S.I. 2004/3322, art. 2(3), Sch. 3
F35S. 87(4) Table: entry inserted (1.10.2006) by The Companies (Disclosure of Information) (Designated Authorities) Order 2006 (S.I. 2006/1644), art. 3
F36S. 87(4): Table Note added (14.8.2002) by S.I. 2002/1889, art. 3(3)
Modifications etc. (not altering text)
C2S. 87 amended (temp. from 3.9.2001) by S.I. 2001/2966, art. 7
S. 87 disclosure powers extended (14.12.2001) by 2001 c. 24, ss. 17, 127, Sch. 4 Pt. I para. 28
C3S. 87(1)(b) restricted (14.8.2002) by S.I. 2002/1889, art. 3(4)
Commencement Information
I1S. 87 wholly in force at 25.4.1991 see s. 215 and S.I. 1990/142 and 1991/878, art. 2, Sch.
Marginal Citations
(1)The following provisions apply where it appears to the Secretary of State that a request for assistance by an overseas regulatory authority may involve the powers conferred by section 83 being exercised in Northern Ireland in relation to matters which are transferred matters within the meaning of the M5Northern Ireland Constitution Act 1973.
(2)The Secretary of State shall before deciding whether to accede to the request consult the Department of Economic Development in Northern Ireland, and if he decides to accede to the request and it appears to him—
(a)that the powers should be exercised in Northern Ireland, and
(b)that the purposes for which they should be so exercised relate wholly or primarily to transferred matters,
he shall by instrument in writing authorise the Department to exercise in Northern Ireland his powers under section 83.
(3)The following provisions have effect in relation to the exercise of powers by virtue of such an authority with the substitution for references to the Secretary of State of references to the Department of Economic Development in Northern Ireland—
(a)section 84 (exercise of powers by officer, &c.),
[F37(b)section 449 of the Companies Act 1985 and sections 86 and 87 above (restrictions on disclosure of information);]
(c)section 89 (authority for institution of criminal proceedings);
and references to the Secretary of State in other enactments which proceed by reference to those provisions shall be construed accordingly as being or including references to the Department.
(4)The Secretary of State may after consultation with the Department of Economic Development in Northern Ireland revoke an authority given to the Department under this section.
(5)In that case nothing in the provisions referred to in subsection (3)(b) shall apply so as to prevent the Department from giving the Secretary of State any information obtained by virtue of the authority; and (without prejudice to their application in relation to disclosure by the Department) those provisions shall apply to the disclosure of such information by the Secretary of State as if it had been obtained by him in the first place.
(6)Nothing in this section affects the exercise by the Secretary of State of any powers in Northern Ireland—
(a)in a case where at the time of acceding to the request it did not appear to him that the circumstances were such as to require him to authorise the Department of Economic Development in Northern Ireland to exercise those powers, or
(b)after the revocation by him of any such authority;
and no objection shall be taken to anything done by or in relation to the Secretary of State or the Department on the ground that it should have been done by or in relation to the other.
Textual Amendments
F37S. 88(3)(b) substituted (1.12.2001) by S.I. 2001/3649, arts. 1, 78
Marginal Citations
Proceedings for an offence under section 85 or 86 shall not be instituted—
(a)in England and Wales, except by or with the consent of the Secretary of State or the Director of Public Prosecutions;
(b)in Northern Ireland, except by or with the consent of the Secretary of State or the Director of Public Prosecutions for Northern Ireland.
(1)Where an offence under section 85 or 86 committed by a body corporate is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a director, manager, secretary or other similar officer of the body, or a person purporting to act in any such capacity, he as well as the body corporate is guilty of the offence and liable to be proceeded against and punished accordingly.
(2)Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as to a director of a body corporate.
(3)Where an offence under section 85 or 86 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, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.
(4)Where an offence under section 85 or 86 committed by an unincorporated association (other than 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, any officer of the association or any member of its governing body, he as well as the association is guilty of the offence and liable to be proceeded against and punished accordingly.
(1)Summary proceedings for an offence under section 85 may, without prejudice to any jurisdiction exercisable apart from this section, be taken against a body corporate or unincorporated association at any place at which it has a place of business and against an individual at any place where he is for the time being.
(2)Proceedings for an offence alleged to have been committed under section 85 or 86 by an unincorporated association shall be brought in the name of the association (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 apply as in relation to a body corporate.
(3)Section 33 of the M6Criminal Justice Act 1925 and Schedule 3 to the M7Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) apply in a case in which an unincorporated association is charged in England and Wales with an offence under section 85 or 86 as they apply in the case of a corporation.
(4)In relation to proceedings on indictment in Scotland for an offence alleged to have been committed under section 85 or 86 by an unincorporated association, [F38section 70 of the M8Criminal Procedure (Scotland) Act 1995] (proceedings on indictment against bodies corporate) applies as if the association were a body corporate.
(5)Section 18 of the M9Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M10Magistrates’ Courts (Northern Ireland) Order 1981 (procedure on charge of offence against a corporation) apply in a case in which an unincorporated association is charged in Northern Ireland with an offence under section 85 or 86 as they apply in the case of a corporation.
(6)A fine imposed on an unincorporated association on its conviction of such an offence shall be paid out of the funds of the association.
Textual Amendments
F38Words in s. 91(4) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 74(3)
Marginal Citations