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Changes over time for: Section 1130
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Version Superseded: 12/10/2022
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Point in time view as at 01/08/2022. This version of this provision has been superseded.
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Changes to legislation:
Companies Act 2006, Section 1130 is up to date with all changes known to be in force on or before 18 November 2024. 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.
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1130Proceedings against unincorporated bodiesU.K.
This section has no associated Explanatory Notes
(1)Proceedings for an offence under the Companies Acts alleged to have been committed by an unincorporated body must be brought in the name of the body (and not in that of any of its members).
(2)For the purposes of such proceedings—
(a)any rules of court relating to the service of documents have effect as if the body were a body corporate, and
(b)the following provisions apply as they apply in relation to a body corporate—
(i)in England and Wales, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43),
(ii)in Scotland, sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46),
(iii)in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Article 166 of and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).
(3)A fine imposed on an unincorporated body on its conviction of an offence under the Companies Acts must be paid out of the funds of the body.
Modifications etc. (not altering text)
Commencement Information
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