The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008

Amendment of the 1968 Act: enforcement

3.  After section 102A of the 1968 Act(1) insert—

“Partnerships and other unincorporated associations

102B.— (1) Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

(2) Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) 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 have effect as if the partnership or association were a body corporate.

(4) In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do in relation to a body corporate—

(a) section 33 of the Criminal Justice Act 1925(2) and Schedule 3 to the Magistrates’ Courts Act 1980(3);

(b) section 70 of the Criminal Procedure (Scotland) Act 1995(4)

(5) A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.

(6) A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.

(7) Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.

Offences by bodies corporate etc

102C.— (1) If an offence under this Part of this Act 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 an officer of the body,

he, as well as the body corporate, is guilty of the offence.

(2) In subsection (1) a reference to an officer of a body includes a reference to—

(a) a director, manager or secretary;

(b) a person purporting to act as an officer of the body.

(3) If the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with his functions of management as if he were a director of the body.

(4) If an offence under this Part of this Act committed by a partnership is proved—

(a) to have been committed with the consent or connivance of a partner, or

(b) to be attributable to any neglect on the part of a partner,

he, as well as the partnership, is guilty of the offence.

(5) In subsection (4) a reference to a partner includes a reference to a person purporting to act as a partner.

(6) If an offence under this Part of this Act committed by an unincorporated association (other than a partnership) is proved—

(a) to have been committed with the consent or connivance of an officer of the association, or

(b) to be attributable to any neglect on the part of an officer of the association,

he, as well as the association, is guilty of the offence.

(7) In subsection (6) a reference to an officer of an association includes a reference to—

(a) a member of its governing body;

(b) a person purporting to act in the capacity of an officer of the association.”

(1)

Section 102A was inserted by the Road Traffic (Consequential Provisions) Act 1988 (c.54 ), Schedule 3, paragraph 6(7).

(2)

1925 c.86. Section 33 was amended by the Magistrates’ Courts Act 1980 (c.43) Schedule 6, the Courts Act 1971, Schedule 8, and the Courts Act 2003, Schedule 10.

(3)

1980 c.43. Schedule 3 was amended by the Criminal Procedure and Investigations Act 1996 (c.25), Schedule 1, paragraph 14, the Criminal Justice Act 1991 (c.53), section 25(2) and Schedule 13 and the Criminal Justice Act 2003 (c.44), Schedule 3, Part 2, paragraph 51 and Schedule 37, Part 4.

(4)

1995 c.46. Section 70 was amended by S.I 2001/128 and 1149.