Page:Organised Crime Act 2015.pdf/31

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32
NO. 26 OF 2015


Persons against whom OCPO may be made

18.—(1) An OCPO may be made against—

(a) an individual, body corporate, partnership, limited liability partnership or unincorporated association;
(b) an officer or employee of a body corporate or any other person associated with a body corporate;
(c) a particular partner of a partnership or limited liability partnership;
(d) a senior officer or employee of a partnership or any other person associated with a partnership;
(e) a manager or employee of a limited liability partnership, or any other person associated with a limited liability partnership; or
(f) a member, officer or employee of an unincorporated association, or any other person associated with an unincorporated association.

(2) An OCPO against a partnership must be made in the name of the partnership (and not in that of any of the partners).

(3) An OCPO made in the name of a partnership continues to have effect despite a change of partners but only if at least one of the persons who was a partner before the change remains a partner after the change.

(4) Proceedings for an offence under section 26 alleged to have been committed by a partnership must be brought in the name of the partnership (and not in that of any of the partners).

(5) A fine imposed on a partnership on its conviction for an offence under section 26 is to be paid out of the partnership assets.

(6) An OCPO made against an unincorporated association must be made in the name of the association (and not in that of any of its members).

(7) An OCPO made in the name of an unincorporated association continues to have effect despite a change in the membership of the association but only if at least one of the persons who was a member