Part 10Protection of NHS from fraud and other unlawful activities

Offences under this Part

207Offences committed by partnerships and other unincorporated associations

1

Proceedings for an offence 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 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 unincorporated association were a body corporate.

4

In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43) apply as they apply in relation to a body corporate.

5

A fine imposed on a partnership on its conviction for an offence must be paid out of the partnership assets.

6

A fine imposed on an unincorporated association on its conviction for an offence 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 206(4) or (6).

8

“Offence” means an offence under this Part.