HC Deb 20 May 2002 vol 386 c90

Amendments made: No. 235, in page 73, line 26, at end insert— '( ) Proceedings for an offence alleged to have been committed under this Act by an unincorporated body are to be brought in the name of that body (and not in that of any of its members) and, for the purposes of any such proceedings in England and Wales or Northern Ireland, any rules of court relating to the service of documents have effect as if that body were a corporation. ( ) A fine imposed on an unincorporated body on its conviction of an offence under this Act is to be paid out of the funds of that body. ( ) If an unincorporated body is charged with an offence under this Act—

  1. (a) in England and Wales, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates' Courts Act 1980 (procedure on charge of an offence against a corporation);
  2. (b) in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981 (procedure on charge of an offence against a corporation),
have effect in like manner as in the case of a corporation so charged.'.

No. 236, in page 73, line 27, after "body" insert "(other than a partnership)".

No. 237, in page 73, line 31, at end insert— ( ) Where an offence under this Act committed by a partnership is proved to have been committed with the consent or connivance of, or to be attributable to any neglect on the part of, a partner, he as well as the partnership is guilty of the offence and liable to be proceeded against and punished accordingly.'.[Jacqui Smith.]

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