Terrorist Asset-Freezing etc. Act 2010

38 Procedure for offences by unincorporated bodies

(1) A fine imposed on an unincorporated body on its conviction of an offence under this Part must be paid out of the funds of the body.

(2) Subsections (3) to (6) apply if it is alleged that an offence under this Part has been committed by an unincorporated body (as opposed to by a member of the body).

(3) Proceedings in England and Wales or Northern Ireland for such an offence must be brought in the name of the body.

(4) For the purposes of such proceedings—

(a) any rules of court relating to the service of documents have effect as if the body were a body corporate, and

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

(i) in England and Wales, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;

(ii) in Northern Ireland, section 18 of the Criminal Justice Act (Northern Ireland) 1945 and Article 166 of, and Schedule 4 to, the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I.26)).

(5) For the purposes of proceedings in Scotland for such an offence—

(a) any rules of court relating to the service of documents have effect as if the body were a body corporate, and

(b) in the case of proceedings on indictment, section 70 of the Criminal Procedure (Scotland) Act 1995 applies as it applies in relation to a body corporate.

(6) Subsection (5)(b) does not apply so far as the amendments made to section 70 of the Act of 1995 by section 66 of the Criminal Justice and Licensing (Scotland) Act 2010 (proceedings on indictment against organisations) are in force instead.