Part XXVIIU.K. Offences

Modifications etc. (not altering text)

C2Pt. 27 applied (with modifications) (26.7.2013 for specified purposes, 1.4.2014 in so far as not already in force) by The Financial Services Act 2012 (Consumer Credit) Order 2013 (S.I. 2013/1882), arts. 1(1), 3(12)

C3Pt. 27 modified (29.6.2017 for specified purposes, 3.7.2017 for specified purposes, 31.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Financial Services and Markets Act 2000 (Markets in Financial Instruments) Regulations 2017 (S.I. 2017/701), reg. 1(2)(3)(4)(6), Sch. 1 para. 23 (with reg. 7)

C4Pt. 27 applied (with modifications) (3.7.2017 for specified purposes, 3.1.2018 in so far as not already in force) by The Data Reporting Services Regulations 2017 (S.I. 2017/699), regs. 1(2)(a)(b), 38

C6Pt. 27 applied (with modifications) (10.6.2019) by The Proxy Advisors (Shareholders Rights) Regulations 2019 (S.I. 2019/926), regs. 1, 20, 27

Institution of proceedingsU.K.

403 Jurisdiction and procedure in respect of offences.U.K.

(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 M1Criminal Justice Act 1925 and Schedule 3 to the M2Magistrates’ Courts Act 1980 (procedure) apply as they do in relation to a body corporate;

(b)section 70 of the M3Criminal Procedure (Scotland) Act 1995 (procedure) applies as if the association were a body corporate;

(c)section 18 of the M4Criminal Justice (Northern Ireland) Act 1945 and Schedule 4 to the M5Magistrates’ 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 [F1or an offence under Part 7 of the Financial Services Act 2012 (offences relating to financial services)].

Textual Amendments

Modifications etc. (not altering text)

C9S. 403 applied (1.12.2001) by S.I. 1995/1537, reg. 23(6) (as amended (1.12.2001) by S.I. 2001/3649, arts. 1, 509(g))

C10S. 403 amended (1.12.2001) by S.I. 2001/2657, arts. 1(1), 10(8), 11(8), 13(1)(3) (which was revoked (8.10.2001) by S.I. 2001/3083, arts. 1(2), 23); S.I. 2001/3538, art. 2(1)

S. 403 amended (1.12.2001) by S.I. 2001/3083, arts. 1(2), 10(8), 11(8), 13(1); S.I. 2001/3538, art. 2(1)

S. 403 modified (1.12.2001) by S.I. 2001/3646, arts. 1(1), 12(2), 13(3)

S. 403 applied (3.9.2001 for specified purposes otherwise 1.12.2001) by S.I. 2001/1228, regs. 1(2)(b)(c), 82 (with reg. 1(2)(3)); S.I. 2001/2632, art. 2(2), Sch. Pt. 2; S.I. 2001/3538, art. 2(1)

C17S. 403 applied (with modifications) (1.1.2019) by The Securitisation Regulations 2018 (S.I. 2018/1288), reg. 1, Sch. 1 para. 8(6) (with Sch. 1 paras. 13, 14)

Marginal Citations