PART 8Offences and penalties

CHAPTER 1Offences

Offences committed by bodies corporate etc.I146

1

If an offence under these Regulations committed by a body corporate is proved—

a

to have been committed with the consent or connivance of an officer of the body, or

b

to be attributable to any neglect on the part of such an officer,

the officer (as well as the body corporate) is guilty of the offence and liable to be prosecuted and proceeded against and punished accordingly.

2

In paragraph (1), “officer”, in relation to a body corporate, means a director, manager, secretary or other similar officer of the body corporate.

3

Proceedings for an offence under these Regulations alleged to have been committed by a partnership may be brought in the name of the partnership instead of in the name of any of the partners.

4

Proceedings for an offence under these Regulations alleged to have been committed by an unincorporated body other than a partnership may be brought in the name of the body instead of in the name of any of its members and, for the purposes of any such proceedings, any rules of court relating to the service of documents have effect as if that body were a body corporate.

5

Section 33 of the Criminal Justice Act 1925 M1 and Schedule 3 to the Magistrates' Courts Act 1980 M2 apply in proceedings for an offence brought against a partnership or an unincorporated body other than a partnership as they apply in relation to a body corporate.

6

A fine imposed on a partnership on its conviction for an offence under these Regulations is to be paid out of the partnership assets.

7

A fine imposed on an unincorporated body other than a partnership on its conviction for an offence under these Regulations is to be paid out of the funds of the body.