C1Part 1Pension scheme membership for jobholders
Chapter 2Compliance
Offences and monitoring
47Offences by partnerships and unincorporated associations
1
Proceedings for an offence under section 45 alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
2
For the purposes of such proceedings—
a
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
b
the following provisions apply in relation to the partnership or association as they apply in relation to a body corporate—
i
section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);
ii
section 70 of the Criminal Procedure (Scotland) Act 1995 (c. 46).
3
A fine imposed on a partnership or association on its conviction of an offence under section 45 is to be paid out of the funds of the partnership or association.
4
Subsection (5) applies where an offence under section 45 committed by a partnership is proved—
a
to have been committed with the consent or connivance of a partner, or
b
to be attributable to any neglect on the part of a partner.
5
The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
6
Subsection (7) applies where an offence under section 45 committed by an unincorporated association is proved—
a
to have been committed with the consent or connivance of an officer of the association, or
b
to be attributable to any neglect on the part of an officer of the association.
7
The officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
8
“Officer” in this section means—
a
an officer of the association or a member of its governing body, or
b
a person purporting to act in such capacity.
9
“Partner” in this section includes a person purporting to act as a partner.
Pt. 1 applied (with modifications) (temp. 1.7.2012 to 30.6.2020) by The Automatic Enrolment (Offshore Employment) Order 2012 (S.I. 2012/1388), art. 2 (with saving in art. 5)