Offences and civil sanctions

Offences by partnerships
58
1
Proceedings for an offence alleged to have been committed by a partnership may be brought in the name of the partnership.
2
Rules of court relating to the service of documents have effect in relation to proceedings for an offence as if the partnership were a body corporate.
3
For the purposes of such proceedings the following provisions apply as they apply 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 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)).
4
A fine imposed on a partnership on its conviction for an offence is to be paid out of the partnership assets.
5
Where an offence committed by a partnership is proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of a partner,
the partner (as well as the partnership) is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
In this section—
- “offence” means an offence created by or under this Act;
- “partner” includes a person purporting to act as a partner.