# The Sheep and Goats (Records, Identification and Movement) (England) Order 2009, Article 40: Offences by partnerships and unincorporated associations

Extent: E+W+S

(1) Proceedings for an offence under this Order alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.
(2) For the purposes of such proceedings—
(a) rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;
(b) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980 apply in relation to the partnership or associations as they apply in relation to a body corporate.
(3) A fine imposed on a partnership or association on its conviction for an offence under this Order is to be paid out of the funds of the partnership or association.
(4) Where an offence under this Order committed by a partnership is proved to have been committed with the consent or connivance of, or be attributable to any neglect on the part of, a partner, that 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.
(5) Where an offence under this Order 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, that officer (as well as the association) is guilty of the offence and is liable to be proceeded against and punished accordingly.
For these purposes, “officer” means an officer of the association or a member of its governing body or a person purporting to act in such a capacity.

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Source: https://www.legislation.gov.uk/uksi/2009/3219/article/40 (the official version)
Page: https://openlegislation.uk/sheep-and-goats-records-identification-and-movement-england-order-2009/article-40
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.