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Changes over time for: Section 38
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Status:
Point in time view as at 01/01/2016.
Changes to legislation:
There are currently no known outstanding effects for the The Small and Medium Sized Business (Credit Information) Regulations 2015, Section 38.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
Further provisions relating to proceedings for offenceU.K.
This section has no associated Explanatory Memorandum
38.—(1) Proceedings for an offence under regulation 34 (misleading the FCA) alleged to have been committed by a partnership or other unincorporated association must be brought in the name of the partnership or association (and not in those of its members).
(2) A fine imposed on a partnership or unincorporated association on its conviction of an offence under regulation 34 is to be paid out of the funds of the partnership or association.
(3) Rules of court relating to the service of documents are to have effect as if a partnership or unincorporated association were a body corporate.
(4) In proceedings for an offence under regulation 34 brought against a partnership or unincorporated association—
(a)section 33 (procedure on charge of offence against corporation) of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 apply as they do in relation to a body corporate;
(b)sections 70 and 143 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 1995 apply;
(c)section 18 (procedure on charge) of the Criminal Justice (Northern Ireland) Act 1945 and Schedule 4 (corporations) to the Magistrates' Courts (Northern Ireland) Order 1981 apply as they do in relation to a body corporate.
(5) Summary proceedings for an offence under regulation 34 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 that individual is for the time being.
(6) Paragraph (5) does not affect any jurisdiction exercisable apart from this regulation.
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