Part 10Protection of NHS from fraud and other unlawful activities
Offences under this Part
207Offences committed by partnerships and other unincorporated associations
(1)
Proceedings for an offence alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
(2)
Proceedings for an offence alleged to have been committed by an unincorporated association (other than a partnership) 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 have effect as if the partnership or unincorporated association were a body corporate.
(4)
In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.
(5)
A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
(6)
A fine imposed on an unincorporated association on its conviction for an offence must be paid out of the funds of the association.
(7)
Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 206(4) or (6).
(8)
“Offence” means an offence under this Part.