Part XXVII Offences

Institution of proceedings

C1C2C3C4401 Proceedings for offences.

1

In this section “offence” means an offence under this Act or subordinate legislation made under this Act.

C52

Proceedings for an offence may be instituted in England and Wales only—

a

by the Authority or the Secretary of State; or

b

by or with the consent of the Director of Public Prosecutions.

C53

Proceedings for an offence may be instituted in Northern Ireland only—

a

by the Authority or the Secretary of State; or

b

by or with the consent of the Director of Public Prosecutions for Northern Ireland.

4

Except in Scotland, proceedings for an offence under section 203 may also be instituted by F1the Office of Fair Trading

C55

In exercising its power to institute proceedings for an offence, the Authority must comply with any conditions or restrictions imposed in writing by the Treasury.

C56

Conditions or restrictions may be imposed under subsection (5) in relation to—

a

proceedings generally; or

b

such proceedings, or categories of proceedings, as the Treasury may direct.

I1402 Power of the Authority to institute proceedings for certain other offences.

1

Except in Scotland, the Authority may institute proceedings for an offence under—

a

Part V of the M1Criminal Justice Act 1993 (insider dealing); F2. . .

b

prescribed regulations relating to money laundering.F3 or

c

Schedule 7 to the Counter-Terrorism Act 2008 (terrorist financing or money laundering).

2

In exercising its power to institute proceedings for any such offence, the Authority must comply with any conditions or restrictions imposed in writing by the Treasury.

3

Conditions or restrictions may be imposed under subsection (2) in relation to—

a

proceedings generally; or

b

such proceedings, or categories of proceedings, as the Treasury may direct.

C6C7C8C9C10403 Jurisdiction and procedure in respect of offences.

1

A fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association.

2

Proceedings for an offence 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

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 brought against an unincorporated association—

a

section 33 of the M2Criminal Justice Act 1925 and Schedule 3 to the M3Magistrates’ Courts Act 1980 (procedure) apply as they do in relation to a body corporate;

b

section 70 of the M4Criminal Procedure (Scotland) Act 1995 (procedure) applies as if the association were a body corporate;

c

section 18 of the M5Criminal Justice (Northern Ireland) Act 1945 and Schedule 4 to the M6Magistrates’ Courts (Northern Ireland) Order 1981 (procedure) apply as they do in relation to a body corporate.

5

Summary proceedings for an offence 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 he is for the time being.

6

Subsection (5) does not affect any jurisdiction exercisable apart from this section.

7

“Offence” means an offence under this Act.