Offences by bodies corporate etc.
6Offences by bodies corporate etc.
(1)This section applies where an offence under section 1 is committed by—
(a)a body corporate;
(b)a partnership;
(c)an unincorporated association other than a partnership.
(2)A person mentioned in subsection (3) also commits the offence if the offence is proved to have been—
(a)committed by, or with the consent or connivance of, that person, or
(b)attributable to any neglect on the part of that person.
(3)The persons are—
(a)in relation to a body corporate, a director, manager, secretary or other similar officer of the body corporate;
(b)in relation to a partnership, a partner in the partnership;
(c)in relation to an unincorporated association other than a partnership, any officer of the association or any member of its governing body.
(4)In subsection (3)(a), “director” in relation to a body corporate whose affairs are managed by its members means a member of the body corporate.
(5)In this Act, “partnership” means—
(a)a partnership within the Partnership Act 1890 (c. 39), or
(b)a limited partnership registered under the Limited Partnerships Act 1907 (c. 24).
7Proceedings: offences committed by partnerships and unincorporated associations
(1)Proceedings for an offence under section 1 alleged to have been committed by a partnership are to be brought in the name of the partnership (and not in that of any of the partners).
(2)Proceedings for an offence under section 1 alleged to have been committed by an unincorporated association other than a partnership are to 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)Section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates’ Courts Act 1980 (c. 43) apply in proceedings for an offence brought against a partnership or an unincorporated association as they apply in relation to a body corporate.