(1)Proceedings for an offence alleged to have been committed under this Act by an unincorporated association shall be brought against the association in its own name (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.
(2)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.
(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 or Wales with an offence under this Act in like manner as they have effect in the case of a corporation so charged.
(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 70 of the M3Criminal Procedure (Scotland) Act 1995 (proceedings on indictment against bodies corporate) shall have effect as if the association were a body corporate.
(5)Section 18 of the M4Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the M5 Magistrates’Courts (Northern Ireland) Order 1981 (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 so charged.
(6)Where a partnership is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, any partner, he as well as the partnership shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
(7)Where any other unincorporated association is guilty of an offence under this Act and the offence is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of—
(a)any officer of the association, or
(b)any member of the committee or other similar governing body of the association,
he, as well as the association, shall be guilty of that offence and be liable to be proceeded against and punished accordingly.
Commencement Information
I1S. 153 wholly in force at 16.2.2001; s. 153 not in force at Royal Assent, see s. 163(2); s. 153 in force at 16.2.2001 by S.I. 2001/222, art. 2, Sch. 1 Pt.I (subject to transitional provisions in Sch. 1 Pt. II)
Marginal Citations