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Financial Services Act 1986 (Repealed)

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203 Jurisdiction and procedure in respect of offences.U.K.

(1)Summary proceedings for an offence under this Act may, without prejudice to any jurisdiction exercisable apart from this section, be taken against any body corporate or unincorporated association at any place at which it has a place of business and against an individual at any place where he is for the time being.

(2)Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought in the name of the association (and not in that of any of its members) and for the purposes of any such proceedings any rules of court relating to the service of documents shall have effect as if the association were a corporation.

(3)Section 33 of the M1Criminal Justice Act 1925 and Schedule 3 to the M2Magistrates’ Courts Act 1980 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in England and Wales with an offence under this Act in like manner as they have effect in the case of a corporation.

(4)In relation to any proceedings on indictment in Scotland for an offence alleged to have been committed under this Act by an unincorporated association, section 74 of the M3Criminal Procedure (Scotland) Act 1975 (proceedings on indictment against bodies corporate) shall have effect as if the association were a body corporate.

(5)Section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M4Magistrates’ Courts (Northern Ireland) Order M51981 (procedure on charge of offence against a corporation) shall have effect in a case in which an unincorporated association is charged in Northern Ireland with an offence under this Act in like manner as they have effect in the case of a corporation.

(6)A fine imposed on an unincorporated association on its conviction of an offence under this Act shall be paid out of the funds of the association.

Modifications etc. (not altering text)

C1S. 203 applied (19.6.1995) by S.I. 1995/1537, reg. 23(6)

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