Part 1Serious Crime Prevention Orders
Particular types of persons
I131Other partnerships
1
A serious crime prevention order against a partnership must be made in the name of the partnership (and not in that of any of the partners).
2
An order made in the name of the partnership continues to have effect despite a change of partners provided that at least one of the persons who was a partner before the change remains a partner after it.
3
For the purposes of this Part, a partnership is involved in serious crime in England and WalesF2, Scotland,, Northern Ireland or elsewhere if the partnership, or any of the partners, is so involved; and involvement in serious crime in England and WalesF2, Scotland, or Northern Ireland is to be read accordingly.
4
For the purposes of section 10 in its application to a serious crime prevention order against a partnership or to the variation of such an order—
a
a notice setting out the terms of the order or variation—
i
is delivered to the partnership in person if it is delivered to any of the partners in person or to a senior officer of the partnership in person; and
ii
is sent by recorded delivery to the partnership at its last-known address if it is so sent to any of the partners or to a senior officer of the partnership at the address of the principal office of the partnership in the United Kingdom; and
b
the power conferred by subsection (3) of that section is a power to enter any premises where the person exercising the power has reasonable grounds for believing a partner or senior officer of the partnership to be and to search those premises for the partner or senior officer.
5
Proceedings for an offence under section 25 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).
6
For the purposes of such proceedings—
a
rules of court relating to the service of documents have effect as if the partnership were a body corporate; and
b
the following provisions apply as they apply in relation to a body corporate—
i
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
F1ii
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iii
section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).
7
A fine imposed on the partnership on its conviction for an offence under section 25 is to be paid out of the partnership assets.
8
If an offence under section 25 committed by a partnership is proved to have been committed with the consent or connivance of a partner or a senior officer of the partnership, he (as well as the partnership) is guilty of the offence and liable to be proceeded against and punished accordingly.
9
For the purposes of subsection (8)—
a
references to a partner or to a senior officer of a partnership include references to any person purporting to act in such a capacity; and
b
subsection (5) is not to be read as prejudicing any liability of a partner under subsection (8).
10
Nothing in this section prevents a serious crime prevention order from being made against—
a
a particular partner; or
b
a senior officer or employee of a partnership or any other person associated with a partnership.
11
In this section—
“senior officer of a partnership” means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on; and
“partnership” does not include a limited liability partnership.