Regulation 63 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 M1 and Schedule 3 to the Magistrates' Courts Act 1980 M2;

(ii)

section 18 of the Criminal Justice Act (Northern Ireland) 1945 M3 and Article 166 of, and Schedule 4 to, the Magistrates' Courts (Northern Ireland) Order 1981 M4.

(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

Marginal citations

M1: 1925 c. 86. Section 33 was amended by the Statute Law (Repeals) Act 2004 (c. 14), section 1(1) and Schedule 1, Part 17. Other amendments have been made to section 33 that are not relevant to these Regulations.
M2: 1980 c. 43. Amendments have been made to Schedule 3 that are not relevant to these Regulations.
M3: 1945 c. 15 (N.I.).
M4: S.I. 1981/1675 (N.I.26).

Commencement

I1: Reg. 63 in force at 29.4.2021 at 5.00 p.m., see reg. 1(3)