The Horse Passports Regulations (Northern Ireland) 2010

Offences by partnerships and unincorporated associations

22.—(1) Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

(2) For the purposes of such proceedings—

(a) Rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;

(b) Section 18 of the Criminal Justice Act (Northern Ireland) 1945(1) and Article 166 of and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(2) apply in relation to the partnership or association as they apply in relation to a body corporate.

(3) A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.

(4) Where an offence under these Regulations committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, that partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “partner” includes a person purporting to act as a partner.

(5) Where an offence under these Regulations committed by an unincorporated association is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, an officer of the association, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

For these purposes, “officer” means an officer of the association or a member of its governing body, or a person purporting to act in such capacity.

(1)

1945 c. 15. Sub-sections (1) and (2) were repealed by 1964 c.21 (NI). Sub-section (3) was amended by Article 10 of 1972 NI 1 and by section 85 and paragraph 1 of Schedule 12 to 2002 c.26.

(2)

1981 No. 1675 N.I. 26.