PART 5Monitoring of compliance and enforcement
CHAPTER 6Misleading the FCA
Further provisions relating to proceedings for offence35
1
Proceedings for an offence under regulation 31 (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 31 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 31 brought against a partnership or unincorporated association—
a
b
sections 70 and 143 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 199521 apply;
5
Summary proceedings for an offence under regulation 31 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.