Co-operative and Community Benefit Societies Act 2014

Prosecution of offences E+W+S

132 Prosecution of offences: persons who may bring proceedings and time for bringing them E+W+S

(1) This section applies to proceedings for—

(a) an offence under this Act that is punishable with a fine, or

(b) an offence under a registered society's rules (see section 20).

(2) The proceedings may be brought by the following—

(a) in the case of proceedings in respect of an offence under a society's rules, the society;

(b) in the case of proceedings by virtue of section 127 in respect of neglect or a failure to do any act, or provide any information, required by the PRA—

(i) the FCA (after notifying the PRA), or

(ii) the PRA (after notifying the FCA);

(c) in the case of proceedings by virtue of any of section 130(1) to (3)—

(i) the registered society in question,

(ii) any member of that society authorised by the society, the society's committee or the FCA, or

(iii) the FCA (except in Scotland);

(d) in any other case, any person aggrieved or (except in Scotland) the FCA.

(3) Except in Scotland, no other person may bring proceedings.

(4) The FCA, the PRA or the Lord Advocate (“the prosecutor”)—

(a) may (despite any limitation on the time for bringing proceedings contained in any Act) bring proceedings for the offence at any time within one year of the discovery of the offence by the prosecutor, but

(b) may not bring proceedings more than 3 years after the commission of the offence.

133 Prosecution of societies: service of summons etc E+W+S

(1) This section applies to proceedings taken against a registered society for an offence under this Act that is punishable with a fine.

(2) The summons or other process is sufficiently served—

(a) by leaving a true copy of it at the society's registered office, or

(b) if that office is closed, by posting that copy on the outer door of the office.