Home > 2.9 Electoral offences and sanctions > UNITED KINGDOM - Elections Act
 
 
 
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Offences commited by unincorporated associations etc


(1) Proceedings for an offence alleged to have been committed under this Part by anunincorporated association are to be brought against the association in its own name(and not in that of any of its members) and, for the purposes of any such proceedings,any rules of court relating to the service of documents have effect as if the associationwere a corporation.
(2) A fine imposed on an unincorporated association on its conviction of an offence underthis Part must be paid out of the funds of the association.
(3) Schedule 3 to the Magistrates’ Courts Act 1980 (procedure on charge of offenceagainst a corporation) has effect in a case in which an unincorporated association ischarged in England or Wales with an offence under this Part in the same way as it haseffect in the case of a corporation so charged.
(4) Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675(N.I. 26)) (procedure on charge of offence against a corporation) has effect in a casein which an unincorporated association is charged in Northern Ireland with an offenceunder this Part in the same way as it has effect in the case of a corporation so charged.
(5) Where a partnership is guilty of an offence under this Part and the offence is provedto have been committed with the consent or connivance of, or to be attributable to anyneglect on the part of, any partner, the partner as well as the partnership is guilty ofthat offence and liable to be proceeded against and punished accordingly.
(6) Where any other unincorporated association is guilty of an offence under this Part andthe offence is proved to have been committed with the consent or connivance of, orto be attributable to any neglect on the part of—


(a) any officer of the association, or
(b) any member of the committee or other similar governing body of theassociation,
the officer or member, as well as the association, is guilty of that offence and liable tobe proceeded against and punished accordingly.