PART 9Enforcement

CHAPTER 3Criminal offences, penalties and proceedings etc.

Proceedings: partnership or unincorporated association91

1

Proceedings for an offence alleged to have been committed by—

a

a partnership must be brought in the name of the partnership; or

b

an unincorporated association must be brought in the name of the association,

and not in that of its members.

2

A fine imposed on—

a

a partnership on its conviction of an offence is to be paid out of the funds of the partnership; and

b

an unincorporated association on its conviction of an offence is to be paid out of the funds of the 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 brought against a partnership or an unincorporated association—

a

section 33 of the Criminal Justice Act 1925 M1 (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates' Courts Act 1980 M2 (corporations) apply as they do in relation to a body corporate; and

b

section 18 of the Criminal Justice (Northern Ireland) Act 1945 M3 (procedure on charge) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 M4 (corporations) apply as they do in relation to a body corporate.