The Electricity and Gas (Market Integrity and Transparency) (Criminal Sanctions) Regulations 2015

Proceedings against partnershipsU.K.

This section has no associated Explanatory Memorandum

8.—(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 1925(1) (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates’ Courts Act 1980(2) (corporations) apply as they do in relation to a body corporate;

(b)section 70 of the Criminal Procedure (Scotland) Act 1995(3) (proceedings against bodies corporate) applies as it does in relation to a body corporate;

(c)section 18 of the Criminal Justice (Northern Ireland) Act 1945(4) (procedure on charge) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981(5) (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.

Commencement Information

I1Reg. 8 in force at 13.4.2015, see reg. 1