Corporate Manslaughter and Corporate Homicide Bill

With this it will be convenient to discuss the following: New clause 5—Proceedings against unincorporated bodies other than Crown bodies— ‘(1) Proceedings for an offence under section 1, alleged to have been committed by any unincorporated association or body other than a Crown body, shall be brought in the name of that association or body (and not in that of any individual member or other person) and for the purposes of such proceedings any rules of court relating to the service of documents apply as if that association or body were a corporation. (2) A fine imposed on an unincorporated association or body on its conviction of such an offence shall be paid out of the funds of that association or body. (3) In a case in which an unincorporated association or body is charged with such an offence, section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates Court Act 1980 (procedure on charge of an offence against a corporation) have effect in like manner as in the case of a corporation so charged.’. Amendment No. 1, in page 1, line 11, at end insert— ‘(d) a partnership; (e) an unincorporated association.’. Amendment No. 22, in line 11, at end insert— ‘(d) a partnership (as defined in section 1 of the Partnership Act 1890 (c. 39)), where that partnership is subject to some or all of the provisions of the Health and Safety at Work etc. Act 1974; (e) an unincorporated association or body, where it is subject to some or all of the provisions of the Health and Safety at Work etc. Act 1974.’. Amendment No. 27, in line 11, at end insert ‘(d) a business association’.