PART IX Summary Proceedings

Companies

C2C1143 Prosecution of companies, etc.

1

Without prejudice to any other or wider powers conferred by statute, this section shall apply in relation to the prosecution by summary procedure of a partnership, association, body corporate or body of trustees.

2

Proceedings may be taken against the partnership, association, body corporate or body of trustees in their corporate capacity, and in that event any penalty imposed shall be recovered by civil diligence in accordance with section 221 of this Act.

3

Proceedings may be taken against an individual representative of a partnership, association or body corporate as follows:—

a

in the case of a partnership or firm, any one of the partners, or the manager or the person in charge or locally in charge of its affairs;

b

in the case of an association or body corporate, the managing director or the secretary or other person in charge, or locally in charge, of its affairs,

may be dealt with as if he was the person offending, and the offence shall be deemed to be the offence of the partnership, association or body corporate F1; and in paragraph 3(b) of this subsection references to the managing director or the secretary, in relation to a limited liability partnership, are to any member of the limited liability partnership.