PART 3

Enforcement and Appeals

Prosecution and penalties

Proceedings against partnerships etc
38
1
Proceedings for an offence under this Act may be brought—
a
where the offence is alleged to have been committed by a partnership, against the partnership in the firm name,
b
where the offence is alleged to have been committed by an unincorporated association other than a partnership, against the association in its own name.
2
Rules of court relating to the service of documents have effect in relation to such proceedings as if the partnership or unincorporated association 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’ Court (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
A fine imposed on an unincorporated association other than a partnership on its conviction for an offence is to be paid out of the funds of the association.