Regulation 8 Proceedings against partnerships

(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^f1 (procedure on charge of offence against corporation) and Schedule 3 to the Magistrates’ Courts Act 1980^f2 (corporations) apply as they do in relation to a body corporate;

(b)

section 70 of the Criminal Procedure (Scotland) Act 1995^f3 (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^f4 (procedure on charge) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981^f5 (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.

Annotations

Footnotes

f1: 1925 c. 86.
f2: 1980 c. 43.
f3: 1995 c. 46.
f4: 1945 c. 15.
f5: 1981 S.I. 1675 (N.I. 26).