Section 47 — Pensions Act 2008: Offences by partnerships and unincorporated associations

Offences by partnerships and unincorporated associations 47 1 Proceedings for an offence under section 45 alleged to have been committed by a partnership or an unincorporated association may be brought in the name of the partnership or association.

2 For the purposes of such proceedings—

a rules of court relating to the service of documents are to have effect as if the partnership or association were a body corporate;

b the following provisions apply in relation to the partnership or association as they apply in relation to a body corporate—

i section 33 of the Criminal Justice Act 1925 (c. 86) and Schedule 3 to the Magistrates' Courts Act 1980 (c. 43);

ii section 70 of the Criminal Procedure (Scotland) Act 1995 (c. 46).

3 A fine imposed on a partnership or association on its conviction of an offence under section 45 is to be paid out of the funds of the partnership or association.

4 Subsection (5) applies where an offence under section 45 committed by a partnership is proved—

a to have been committed with the consent or connivance of a partner, or b to be attributable to any neglect on the part of a partner.

5 The partner, as well as the partnership, is guilty of the offence and is liable to be proceeded against and punished accordingly.

6 Subsection (7) applies where an offence under section 45 committed by an unincorporated association is proved—

a to have been committed with the consent or connivance of an officer of the association, or b to be attributable to any neglect on the part of an officer of the association.

7 The officer, as well as the association, is guilty of the offence and is liable to be proceeded against and punished accordingly. 8 “Officer” in this section means—

a an officer of the association or a member of its governing body, or b a person purporting to act in such capacity. 9 “Partner” in this section includes a person purporting to act as a partner.