Moved by
Lord Bates
58: After Clause 7, insert the following new Clause—
“Application to unincorporated associations
(1) In a case falling within subsection (2), an unincorporated association is to be treated as a legal person for the purposes of sections (Power to request LME undertaking) to (Offence).
(2) A case falls within this subsection if it relates to a trigger offence for which it is possible to bring proceedings against an unincorporated association in the name of the association.
(3) Proceedings for an offence under section (Offence) alleged to have been committed by an unincorporated association may be brought against the association in the name of the association.
(4) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the association were a body corporate, and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).
(5) A fine imposed on the association on its conviction of an offence is to be paid out of the funds of the association.
(6) If an offence under section (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
(b) to be attributable to any neglect on the part of such an officer,
the officer, as well as the association, is guilty of the offence and liable to be proceeded against and punished accordingly.
(7) In subsection (6) “officer”, in relation to any association, means—
(a) an officer of the association or a member of its governing body;
(b) a person purporting to act in such a capacity.”
59: After Clause 7, insert the following new Clause—
“Application to partnerships
(1) If an offence under section (Offence) committed by a partner of a partnership which is not regarded as a legal person is shown—
(a) to have been committed with the consent or connivance of another partner, or
(b) to be attributable to any neglect on the part of another partner,
that other partner, as well as the first-mentioned partner, is guilty of the offence and liable to be proceeded against and punished accordingly.
(2) Proceedings for an offence under section (Offence) alleged to have been committed by a partnership which is regarded as a legal person may be brought against the partnership in the firm name.
(3) For the purposes of such proceedings—
(a) rules of court relating to the service of documents have effect as if the partnership were a body corporate, and
(b) the following provisions apply as they apply in relation to a body corporate—
(i) section 33 of the Criminal Justice Act 1925 and Schedule 3 to the Magistrates’ Courts Act 1980;
(ii) sections 70 and 143 of the Criminal Procedure (Scotland) Act 1995;
(iii) section 18 of the Criminal Justice Act (Northern Ireland) 1945 (c. 15 (N.I.)) and Schedule 4 to the Magistrates’ Courts (Northern Ireland) Order 1981 (S.I. 1981/1675 (N.I 26)).
(4) A fine imposed on a partnership on its conviction of an offence is to be paid out of the funds of the partnership.
(5) If an offence under section (Offence) 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,
the partner, as well as the partnership, is guilty of the offence and liable to be proceeded against and punished accordingly.
(6) In subsections (1) and (5) “partner” includes a person purporting to act as a partner.
(7) For the purposes of this section a partnership is, or is not, “regarded as a legal person” if it is, or is not, so regarded under the law of the country or territory under which it was formed.”
60: After Clause 7, insert the following new Clause—
“Supplementary provision
Consequential and related amendments
Schedule (Consequential and related amendments) (consequential and related amendments) has effect.”
61: After Clause 7, insert the following new Clause—
“Regulations under sections 1 to (Interpretation)
(1) The Secretary of State must obtain the consent of the Scottish Ministers before making—
(a) regulations under section 3 or (Power to request LME undertaking) which prescribe a requirement, function or offence in a case where provision imposing the requirement, conferring the function or creating the offence would be within the legislative competence of the Scottish Parliament if contained in an Act of that Parliament, and
(b) regulations under section (Functions in relation to labour market) which confer a function in a case where provision conferring the function would be within the legislative competence of that Parliament if contained in an Act of that Parliament.
(2) The Secretary of State must obtain the consent of the Welsh Ministers before making—
(a) regulations under section 3 or (Power to request LME undertaking) which prescribe a requirement, function or offence in a case where provision imposing the requirement, conferring the function or creating the offence would be within the legislative competence of the National Assembly for Wales if contained in an Act of that Assembly, and
(b) regulations under section (Functions in relation to labour market) which confer a function in a case where provision conferring the function would be within the legislative competence of that Assembly if contained in an Act of that Assembly.
(3) The Secretary of State must obtain the consent of the Office of the First Minister and deputy First Minister before making—
(a) regulations under section 3 or (Power to request LME undertaking) which prescribe a requirement, function or offence in a case where provision imposing the requirement, conferring the function or creating the offence would be within the legislative competence of the Northern Ireland Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State, and
(b) regulations under section (Functions in relation to labour market) which confer a function in a case where provision conferring the function would be within the legislative competence of that Assembly if contained in an Act of that Assembly made without the consent of the Secretary of State.
(4) Regulations under section 3, (Functions in relation to labour market) or (Power to request LME undertaking) may make such provision amending, repealing or revoking any provision of any enactment, including sections 1 to (Interpretation), as the Secretary of State considers appropriate in consequence of the regulations.”
62: After Clause 7, insert the following new Clause—
“Interpretation
In sections 1 to (Interpretation)—
“enactment” includes—
(a) an enactment contained in subordinate legislation within the meaning of the Interpretation Act 1978;
(b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament;
(c) an enactment contained in, or in an instrument made under, a Measure or Act of the National Assembly for Wales;
(d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
“enforcing authority” has the meaning given by section (Power to request LME undertaking);
“financial year” means a period of 12 months ending with 31 March;
“labour market enforcement function” has the meaning given by section 3;
“LME order” has the meaning given by section (Power to make LME order on application);
“LME undertaking” has the meaning given by section (Power to request LME undertaking);
“non-compliance in the labour market” has the meaning given by section 3;
“respondent” has the meaning given by section (Power to make LME order on application);
“subject” has the meaning given by section (Power to request LME undertaking);
“trigger offence” has the meaning given by section (Power to request LME undertaking).”