(1)Proceedings for an offence alleged to have been committed by a partnership by virtue of section 196 must be brought in the name of the partnership (and not in that of any of the partners).
(2)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 and Schedule 3 to the Magistrates’ Courts Act 1980;
(ii)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));
(iii)sections 34(2), 66(6AA) and 72D(2) of the Criminal Procedure (Scotland) Act 1995.
(3)A fine imposed on the partnership on its conviction for an offence committed by virtue of section 196 is to be paid out of the partnership assets.
(4)In this section “partnership” has the same meaning as in section 196.
Commencement Information
I1S. 198 in force at 26.12.2023, see s. 219(3)(c)