PART 1Labour market and illegal working
CHAPTER 1Labour market
LME undertakings and orders: supplementary
I130Application to partnerships
1
If an offence under section 27 committed by a partner of a partnership which is not regarded as a legal person is shown—
a
to have been committed with the consent or connivance of another partner, or
b
to be attributable to any neglect on the part of another partner,
that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.
2
Proceedings for an offence under section 27 alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.
3
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 and Schedule 3 to the Magistrates' Courts Act 1980;
ii
sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;
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)).
4
A fine imposed on a partnership on its conviction of an offence is to be paid out of the funds of the partnership.
5
If an offence under section 27 committed by a partnership is proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of a partner,
the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
6
In subsections (1) and (5) “partner” includes a person purporting to act as a partner.
7
For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.