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Children Act 1989

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Status:

Point in time view as at 01/04/1992. This version of this provision has been superseded. Help about Status

Changes to legislation:

Children Act 1989, Paragraph 5A is up to date with all changes known to be in force on or before 22 February 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

[F15A(1)References in Part XA to a person, so far as relating to the provision of day care, include an unincorporated association.

(2)Proceedings for an offence under Part XA which is alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3)For the purpose of any such proceedings, rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4)In proceedings for an offence under Part XA brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure) apply as they do in relation to a body corporate.

(5)A fine imposed on an unincorporated association on its conviction of an offence under Part XA is to be paid out of the funds of the association.

(6)If an offence under Part XA committed by an unincorporated association is shown—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b)to be attributable to any neglect on the part of such an officer or member,

the officer or member as well as the association is guilty of the offence and liable to proceeded against and punished accordingly.]

Textual Amendments

F1Sch. 9A para. 5A and cross-heading inserted (1.3.2005 for E., 1.4.2006 for W.) by Children Act 2004 (c. 31), s. 67(7)(c), Sch. 4 para. 9; S.I. 2005/394, art. 2(1)(k); S.I. 2006/885, art. 2(c)

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