Regulation 35 Offences by partnerships and unincorporated associationsI1
Northern Ireland
Proceedings for an offence under these Regulations alleged to have been committed by a partnership or an unincorporated association may be brought against the partnership or association in the name of the partnership or association.
For the purposes of such proceedings—
rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate; and
A fine imposed on a partnership or association on its conviction of an offence under these Regulations is to be paid out of the funds of the partnership or association.
If an offence under these Regulations committed by a partnership is proved—
to have been committed with the consent or connivance of; or
to be attributable to any neglect on the part of, a partner,
the partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “partner” includes a person purporting to act as a partner.
If an offence under these Regulations committed by an unincorporated association is proved—
to have been committed with the consent or connivance of; or
to be attributable to any neglect on the part of, an officer of the association,
the officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly.
In paragraph (6), “officer”, in relation to an unincorporated association, means—
an officer of the association or a member of its governing body; or
a person purporting to act in such capacity.
Annotations
Commencement
Footnotes
- f1
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1945 c. 15 (N.I.); section 18 was amended by the Magistrates’ Courts Act (Northern Ireland) 1964 (c. 21) and by the Justice (Northern Ireland) Act 2002 (c. 26), Schedule 12
- f2
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S.I. 1981/1675 (N.I. 26) (as amended)