Part 1Serious Crime Prevention Orders

Particular types of persons

I131Other partnerships

1

A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).

2

An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.

3

For the purposes of this Part, a partnership is involved in serious crime in England and WalesF2, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and WalesF2, Scotland, or Northern Ireland is to be read accordingly.

4

For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—

a

a notice setting out the terms of the order or variation—

i

is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and

ii

is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and

b

the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.

5

Proceedings for an offence under section 25 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).

6

For the purposes of such proceedings—

a

rules of court relating to the service of documents have effect as if the partnership were a body corporate; and

b

the following provisions apply as they apply in relation to a body corporate—

i

section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);

F1ii

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

iii

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).

7

A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.

8

If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.

9

For the purposes of subsection (8)—

a

references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and

b

subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).

10

Nothing in this section prevents a serious crime prevention order from being made against—

a

a particular partner; or

b

a senior officer or employee of a partnership or any other person associated with a partnership.

11

In this section—

  • “senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on; and

  • “partnership” does not include a limited liability partnership.