Search Legislation

The Areas of Natural Constraint Regulations (Northern Ireland) 2018

What Version

 Help about what version
  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

Offences by bodies corporate, partnerships or unincorporated associations

This section has no associated Explanatory Memorandum

17.—(1) Proceedings for an offence under regulation 16 alleged to have been committed by a partnership or an unincorporated association shall be brought in the name of the partnership or association, and not in the name of any of the partners or members.

(2) In proceedings for an offence brought against a partnership or an incorporated association—

(a)rules of court relating to the service of documents have effect as if the partnership or unincorporated association were a body corporate, and

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

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

(4) For the purposes of these Regulations, section 20(2) of the Interpretation Act (Northern Ireland) 1954 applies with the omission of the words “the liability of whose members is limited” and where the affairs of a body corporate are managed by its members, applies in relation to the acts and omissions of a member in connection with the member’s functions of management as if the member were a director of the body corporate.

(5) If an offence under regulation 16 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 the negligence of a partner,

the partner, as well as the partnership, is guilty of an offence and liable to be proceeded against and punished accordingly.

(6) If an offence under regulation 16 committed by an unincorporated association (other than a partnership) is proved—

(a)to have been committed with the consent or connivance of an officer or member of the governing body of the association or other person having management responsibilities in respect of the association, or

(b)to be attributable to the neglect on the part of the officer, member or other person,

the officer, member or other person, as well as the association, is guilty of an offence and liable to be proceeded against and punished accordingly.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Rule and provides information about its policy objective and policy implications. They aim to make the Statutory Rule accessible to readers who are not legally qualified and accompany any Northern Ireland Statutory Rule or Draft Northern Ireland Statutory Rule laid before the UK Parliament during the suspension of the Northern Ireland Assembly.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources