PART 5Disciplinary measures and offences
Proceedings against unincorporated bodies23
1
Proceedings for an offence under regulation 20 (misleading the FCA) alleged to have been committed by a partnership or other unincorporated association must be brought in the name of the partnership or association (and not in that of its members).
2
A fine imposed on a partnership or association on its conviction of an offence is to be paid out of the funds of the partnership or association.
3
Rules of court relating to the service of documents are to have effect as if a partnership or association were a body corporate.
4
In proceedings for an offence brought against a partnership or association—
a
b
sections 70 and 143 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 199515 apply;
5
Summary proceedings for an offence under regulation 20 may be taken—
a
against a body corporate or unincorporated association at any place at which it has a place of business;
b
against an individual at any place where that individual is for the time being.
6
Paragraph (5) does not affect any jurisdiction exercisable apart from this regulation.