PART 4The Health Services Safety Investigations Body
Offences: supplementary
I1I2132Offences by partnerships
1
Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.
2
Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.
3
For the purposes of such proceedings Schedule 3 to the Magistrates’ Courts Act 1980 applies as it applies in relation to a body corporate.
4
A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.
5
Where an offence is committed by a partnership and 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) commits the offence and is liable to be proceeded against and punished accordingly.
6
In this section—
“offence” means an offence under this Part;
“partner” includes a person purporting to act as a partner.