Part VI

Drivers’ Hours

Partnerships and other unincorporated associations
102B
1
Proceedings for an offence under this Part of this Act alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).
2
Proceedings for an offence under this Part of this Act alleged to have been committed by an unincorporated association (other than a partnership) must 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 association were a body corporate.
4
In proceedings for an offence under this Part of this Act brought against a partnership or an unincorporated association, the following provisions apply as they do 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 70 of the Criminal Procedure (Scotland) Act 1995
5
A fine imposed on a partnership on its conviction for an offence under this Part of this Act must be paid out of the partnership assets.
6
A fine imposed on an unincorporated association on its conviction for an offence under this Part of this Act must be paid out of the funds of the association.
7
Subsections (1) and (2) do not affect any liability of a partner, officer or member under section 102C.
Pt. VI (ss. 95–103) modified by S.I. 1986/1459, arts. 2, 3
Pt. VI (ss. 95-103) excluded (23.6.1999) by S.I. 1999/1736, art. 8(1)(a)(6)(7)
Pt. VI modified (16.8.2006) by The Dover Harbour Revision Order 2006 (S.I. 2006/2167), arts. 1(1), 27
S. 102B - S. 102C inserted (5.2.2008) by The Passenger and Goods Vehicles (Recording Equipment) (Downloading and Retention of Data) Regulations 2008 (S.I. 2008/198), regs. 1(1), 3