Article 24 Offences by partnerships and unincorporated associations

England and Wales

(1)

Proceedings for an offence under this Order alleged to have been committed by a partnership or an unincorporated association must be brought against the partnership or association 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 have effect as if the partnership or unincorporated association were a body corporate, and

(b)

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

(i)

section 33 of the Criminal Justice Act 1925 M1;

(ii)

Schedule 3 to the Magistrates' Courts Act 1980 M2.

(3)

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

(4)

If an offence under this Order committed by a partnership is proved—

(a)

to have been committed with the consent or connivance of a partner, or

(b)

to be attributable to any neglect on the part of a partner—

the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.

(5)

In paragraph (4), “partner” includes a person purporting to act as a partner.

(6)

If an offence under this Order committed by an unincorporated association (other than a partnership) is proved—

(a)

to have been committed with the consent or connivance of an officer of the association, or

(b)

to be attributable to any neglect on the part of such an officer—

the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.

(7)

In paragraph (6), “officer” in relation to an unincorporated association, means—

(a)

an officer of the association or a member of its governing body, or

(b)

a person purporting to act in such a capacity.

Annotations

Marginal citations

M1: 1925 c. 86. Section 33 was amended by Schedule 6 to the Magistrates Courts Act 1952 (c. 55); paragraph 19 of Schedule 8 to the Courts Act 1971 (c. 23) and Schedule 10 to the Courts Act 2003 (c. 39).
M2: 1980 c. 43. Schedule 3 was amended by Schedule 13 to the Criminal Justice Act 1991 (c. 43) and paragraphs 51(13)(a) and (b) of Schedule 3 to the Criminal Justice Act 2003 (c. 44).