PART 8Enforcement

Procedure for offences by unincorporated bodies51

1

Paragraphs (2) and (3) apply if it is alleged that an offence under these Regulations has been committed by an unincorporated body (as opposed to by a member of the body).

2

Proceedings in England and Wales or Northern Ireland for such an offence must be brought against the body in its own name.

3

For the purposes of proceedings, for such an offence brought against an unincorporated body—

a

rules of court relating to the service of documents have effect as if the body were a body corporate;

b

the following provisions apply as they apply in relation to a body corporate

i

section 33 of the Criminal Justice Act 192527 and Schedule 3 to the Magistrates’ Courts Act 198028;

ii

section 18 of the Criminal Justice Act (Northern Ireland) 194529 and Article 166 of, and Schedule 4 to, the Magistrates’ Courts (Northern Ireland) Order 198130.

4

A fine imposed on an unincorporated body on its conviction of an offence under these Regulations is to be paid out of the funds of the body.