PART 6Monitoring of compliance and enforcement

CHAPTER 6Misleading the FCA

Further provisions relating to proceedings for offence38

1

Proceedings for an offence under regulation 34 (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 those of its members).

2

A fine imposed on a partnership or unincorporated association on its conviction of an offence under regulation 34 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 unincorporated association were a body corporate.

4

In proceedings for an offence under regulation 34 brought against a partnership or unincorporated association—

a

section 33 (procedure on charge of offence against corporation) of the Criminal Justice Act 192524 and Schedule 3 to the Magistrates’ Courts Act 198025 apply as they do in relation to a body corporate;

b

sections 70 and 143 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 199526 apply;

c

section 18 (procedure on charge) of the Criminal Justice (Northern Ireland) Act 194527 and Schedule 4 (corporations) to the Magistrates’ Courts (Northern Ireland) Order 198128 apply as they do in relation to a body corporate.

5

Summary proceedings for an offence under regulation 34 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.