OpenLegislation

Article 22 Jurisdiction and procedure in respect of offencesI1

England, Wales and Scotland

(1)

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

(2)

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

(3)

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

(4)

In proceedings for an offence brought against a partnership or an unincorporated association, section 33 of the Criminal Justice Act 1925f1 and Schedule 3 to the Magistrates’ Courts Act 1980f2 (procedure) apply as they do in relation to a body corporate.

(5)

Proceedings for an offence may be taken—

(a)

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

(b)

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

(6)

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

(7)

In this article “offence” means an offence under this Order.

Annotations

Commencement

I1

Art. 22 in force at 6.4.2010, see art. 1(2)

Footnotes

f1

1925 c. 86.

f2

1980 c. 43.