Regulation 45 Procedure for offences by unincorporated bodiesI1

United Kingdom

(1)

Paragraphs (2) and (3) apply if it is alleged that an offence under these Regulations has been committed by an unincorporated body (as opposed to by a member of the body).

(2)

Proceedings in England and Wales or Northern Ireland for such an offence must be brought against the body in its own name.

(3)

For the purposes of proceedings for such an offence brought against an unincorporated body—

(a)

rules of court relating to the service of documents have effect as if the body were a body corporate;

(b)

the following provisions apply as they apply in relation to a body corporate—

(i)

section 33 of the Criminal Justice Act 1925 (procedure on charge of offence against corporation)^f1 and Schedule 3 to the Magistrates’ Courts Act 1980 (corporations)^f2;

(ii)

section 18 of the Criminal Justice Act (Northern Ireland) 1945 (procedure on charge)^f3 and Article 166 of, and Schedule 4 to, the Magistrates' Courts (Northern Ireland) Order 1981 (corporations)^f4.

(4)

A fine imposed on an unincorporated body on its conviction of an offence under these Regulations is to be paid out of the funds of the body.

Annotations

Commencement

I1: Reg. 45 in force at 23.7.2025, see reg. 1(2)

Footnotes

f1: 1925 c. 86. Section 33 was amended by the Magistrates’ Court Act 1952 (c. 55 (15 & 16 Geo 6 & 1 Eliz 2)), section 132 and Schedule 6; the Courts Act 1971 (c. 23), section 56 and Schedule 8, paragraph 19; and the Courts Act 2003 (c. 39), section 110, Schedule 8, paragraph 71 and Schedule 10.
f2: 1980 c. 43. Schedule 3 was amended by the Criminal Justice Act 1991 (c. 53), sections 25(2), 101(2) and Schedule 13; the Criminal Procedure and Investigations Act 1996 (c. 25), section 47 and Schedule 1, paragraphs 13 and 39; the Criminal Justice Act 2003 (c. 44), section 41 and Schedule 3, paragraphs 51(13)(a) and (b) with S.I. 2012/1320, S.I. 2012/2574, and S.I. 2013/1103.
f3: 1945 c. 15 (N.I.). Section 18 was amended by the Magistrates' Courts Act (Northern Ireland) 1964 (c. 21); and 1972 No. 538 (N.I. 1). The effect of the amendment by 1972 No. 538 was continued by the Justice (Northern Ireland) Act 2002 (c. 26), section 85 and Schedule 12, paragraph 1.
f4: S.I. 1981/1675 (N.I. 26). Schedule 4 was amended by Criminal Justice (Committal Reform) Act (Northern Ireland) 2022 (c. 4), section 5(2) and the Schedule, paragraph 8(3).