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PART 8E+W+SOffences

Jurisdiction and procedure in respect of offencesE+W+S

50.—(1) A fine imposed on an unincorporated association on its conviction of an offence is to be paid out of the funds of the association.

(2) Proceedings for an offence alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(3) Rules of court relating to the service of documents are to have effect as if the association were a body corporate.

(4) In proceedings for an offence brought against an unincorporated association, section 33 of the Criminal Justice Act 1925 M1 and Schedule 3 to the Magistrates' Courts Act 1980 M2 (procedure) apply as they do in relation to a body corporate.

(5) In England and Wales, summary proceedings for an offence may be taken—

(a)against a body corporate or unincorporated association at any place at which it has a place of business;

(b)against an individual at any place where the individual is for the time being.

(6) In this regulation, “offence” means an offence under these Regulations.

Marginal Citations

M11925 c. 86 (15 & 16 Geo 5); section 33 was amended by Schedule 6 to the Magistrates' Courts Act 1952 (15 & 16 Geo 6 & 1 Eliz 2 c 55), paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23) and paragraph 71 of Schedule 8 to the Courts Act 2003 (c. 39).

M21980 c. 43; Schedule 3 was amended by section 25(2) to the Criminal Justice Act 1991 (c. 53), paragraph 13 of Schedule 1 to the Criminal Procedure and Investigations Act 1996 (c. 25) and paragraph 51 of Schedule 3 to the Criminal Justice Act 2003 (c. 44).