Part VIE+W General

[F163BUnincorporated associationsE+W

(1)Proceedings for an offence alleged to have been committed by an unincorporated association are to be brought in the name of the association (and not in that of any of the members).

(2)Rules of court relating to the service of documents have effect as if the unincorporated association were a body corporate.

(3)In proceedings for an offence brought against an unincorporated association, Schedule 3 to the Magistrates' Courts Act 1980 applies as it applies to a body corporate.

(4)A fine imposed on an unincorporated association on its conviction for an offence is to be paid out of the funds of the association.

(5)If an offence committed by an unincorporated association is proved—

(a)to have been committed with the consent or connivance of an officer of the association or a member of its governing body, or

(b)to be attributable to any neglect on the part of such an officer or member,

the officer or member (as well as the association) is guilty of the offence and liable to be proceeded against and punished accordingly.

(6) In this section, “ offence ” means an offence created by or under this Act. ]

Textual Amendments

F1Ss. 63A, 63B inserted (6.4.2010 for E., 26.7.2010 for W.) by Health and Social Care Act 2008 (c. 14), s. 170(3)(4), Sch. 11 para. 20; S.I. 2010/708, art. 6(e) (with Sch. 2); S.I. 2010/1547, art. 2(e) (with Sch. 1)