PART 3Administration and enforcement

CHAPTER 8Offences

Proceedings against unincorporated bodies27

1

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

2

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

3

Rules of court relating to the service of documents are to have effect as if a partnership or association were a body corporate.

4

In proceedings for an offence brought against a partnership or association—

a

section 33 M1 (procedure on charge of offence against corporation) of the Criminal Justice Act 1925 and section 46 (corporations) of and Schedule 3 M2 to the Magistrates' Courts Act 1980 apply as they do in relation to a body corporate;

b

section 70 and 143 M3 (proceedings against organisations) of the Criminal Procedure (Scotland) Act 1995 apply; and

c

section 18 (procedure on charge) of the Criminal Justice (Northern Ireland) Act 1945 M4 and section 166 (corporations) of and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 M5 apply as they do in relation to a body corporate.

5

Summary proceedings for an offence under regulation 24 may be taken—

a

against a body corporate or unincorporated association at any place at which it has a place of business; and

b

against an individual at any place where that individual is for the time being.

6

Paragraph (5) does not affect any jurisdiction exercisable apart from this regulation.