Proceedings against partnershipsI18

1

Proceedings for an offence under these Regulations alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of its members).

2

In proceedings for such an offence brought against a partnership—

a

section 33 of the Criminal Justice Act 192517 (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates’ Courts Act 198018 (corporations) apply as they do in relation to a body corporate;

b

section 70 of the Criminal Procedure (Scotland) Act 199519 (proceedings against bodies corporate) applies as it does in relation to a body corporate;

c

section 18 of the Criminal Justice (Northern Ireland) Act 194520 (procedure on charge) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 198121 (corporations) apply as they do in relation to a body corporate.

3

Rules of court relating to the service of documents have effect in relation to proceedings for an offence under these Regulations as if the partnership were a body corporate.

4

A fine imposed on the partnership on its conviction of such an offence is to be paid out of the funds of the partnership.

5

In this regulation, references to a partnership do not include a Scottish partnership or a limited liability partnership.