Page:Organised Crime Act 2015.pdf/32

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ORGANISED CRIME
33


of the association before the change remains a member after the change.

(8) Proceedings for an offence under section 26 alleged to have been committed by an unincorporated association must be brought in the name of the association (and not in that of any of its members).

(9) A fine imposed on an unincorporated association on its conviction for an offence under section 26 is to be paid out of the funds of the association.

(10) In this section—

"officer of an unincorporated association" means any officer of an unincorporated association or any member of its governing body;
"partnership" does not include a limited liability partnership;
"senior officer of a partnership" means any person who has the control or management of the business carried on by the partnership at the principal place where it is carried on;
"unincorporated association" means any body of persons unincorporate but does not include a partnership.

Electronic monitoring of individual subject to OCPO

19.—(1) Subject to subsection (2), an OCPO may in addition include requirements for securing the electronic monitoring (by means of an electronic monitoring device) of the whereabouts of the individual subject to the OCPO during the period when the OCPO is in force against the individual.

(2) A court must not make an OCPO which includes the requirements referred to in subsection (1) unless the court is satisfied that electronic monitoring arrangements can be made by a law enforcement officer specified in the OCPO.

(3) Electronic monitoring arrangements made under this section may include entering into contracts with other persons for the electronic monitoring (by means of an electronic monitoring device) by them of the whereabouts of the individual subject to an OCPO.