National Security and Investment Act 2021

Prosecution and penalties

37 Prosecution

Proceedings for an offence under this Act may be instituted—

(a) in England and Wales, only by the Director of Public Prosecutions, and

(b) in Northern Ireland, only by the Director of Public Prosecutions for Northern Ireland.

38 Proceedings against partnerships etc

(1) Proceedings for an offence under this Act may be brought—

(a) where the offence is alleged to have been committed by a partnership, against the partnership in the firm name,

(b) where the offence is alleged to have been committed by an unincorporated association other than a partnership, against the association in its own name.

(2) Rules of court relating to the service of documents have effect in relation to such proceedings as if the partnership or unincorporated association were a body corporate.

(3) For the purposes of such proceedings the following provisions apply as they apply in relation to a body corporate—

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

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

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

(5) A fine imposed on an unincorporated association other than a partnership on its conviction for an offence is to be paid out of the funds of the association.

39 Offences: penalties

(1) A person who commits an offence under section 32 (completing notifiable acquisition without approval) or 33 (failing to comply with interim or final order) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months, or a fine (or both),

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum (or both),

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum (or both),

(d) on conviction on indictment, to imprisonment for a term not exceeding 5 years, or a fine (or both).

(2) A person who commits an offence under section 34 (offences in relation to supplying information and attendance of witnesses) or 35 (offences in relation to sharing information) is liable—

(a) on summary conviction in England and Wales, to imprisonment for a term not exceeding 12 months, or a fine (or both),

(b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months, or a fine not exceeding the statutory maximum (or both),

(c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months, or a fine not exceeding the statutory maximum (or both),

(d) on conviction on indictment, to imprisonment for a term not exceeding 2 years, or a fine (or both).

(3) In relation to an offence committed before paragraph 24(2) of Schedule 22 to the Sentencing Act 2020 comes into force, the references in subsections (1)(a) and (2)(a) to 12 months are to be read as references to 6 months.