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Health Act 2006

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77Offences committed by partnerships and other unincorporated associationsE+W+S+N.I.

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(1)Proceedings for an offence alleged to have been committed by a partnership shall be brought in the name of the partnership (and not in that of any of the partners).

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

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

(a)section 33 of the Criminal Justice Act 1925 (c. 86) andSchedule 3 to the Magistrates' Courts Act 1980 (c. 43);

(b)sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995 (c. 46);

(c)section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I. 26)).

(5)A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.

(6)A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(7)Subsections (1) and (2) are not to be read as prejudicing any liability of a partner, officer or member under section 76(4) or (6).

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Commencement Information

I1S. 77 in force at 1.2.2007 for specified purposes for W. by S.I. 2007/204, art. 3(c)

I2S. 77 in force at 2.4.2007 for specified purposes for W. by S.I. 2007/204, art. 2(c)

I3S. 77 in force at 1.7.2007 for specified purposes for E. by S.I. 2007/1375, art. 2(b)

I4S. 77 in force at 22.4.2008 for specified purposes for E.S. by S.I. 2008/1147, art. 3(c)

I5S. 77 in force at 22.4.2008 for specified purposes by S.I. 2008/1147, art. 3(b)

I6S. 77 in force at 13.12.2008 for specified purposes for W. by S.I. 2008/3171, art. 2(b)

I7S. 77 in force at 1.8.2012 for specified purposes for N.I. by S.R. 2012/307, art. 2(b)

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