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(a)
on summary conviction, to a fine not exceeding the statutory maximum;
or
(b)
on conviction on indictment, to a fine.
(h) Proceedings against partnerships and unincorporated associations
Section 16(1) provides that proceedings for an offence under these Regulations
alleged to have been committed by a partnership or unincorporated association
may be brought against the partnership or association in the name of the
partnership or association.
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Section 16(2) provides that for the purposes of such proceedings the following
apply as if the partnership or unincorporated association were a body corporate:
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(a)
rules of court relating to the service of documents;
(b)
section 33 of the Criminal Justice Act 1925 and Schedule 3 to the
Magistrates' Court Act 1980);
(c)
section 70 and section 143 of the Criminal Procedure (Scotland) Act
1995;
(d)
section 18 of the Criminal Justice Act (Northern Ireland) 1945 and
Schedule 4 to the Magistrates' Courts (Northern Ireland) Order 1981.
Section 16(3) provides that a fine imposed on a partnership or unincorporated
association is to be paid out of the funds of the partnership or association.
(i) Offences by bodies corporate, partnerships and unincorporated associations
Section 17(1) provides that where a body corporate is guilty of an offence under
these Regulations and that offence is proved to have been committed with the
consent or connivance of, or to have been attributable to any neglect on the part
of:
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(a) any director, manager, secretary or other similar officer of the body corporate, or
(b) any person who was purporting to act in any such capacity,
that person, as well as the body corporate, is guilty of the offence.
Section 17(2) provides that in s 17(1), 'director', in relation to a body corporate
whose affairs are managed by its members, means a member of the body
corporate.
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Section 17(3) provides that where a partnership or a Scottish partnership is
guilty of an offence under these Regulations and that offence is proved to have
been committed with the consent or connivance of, or to have been attributable
4.394
 
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