Overview

The Partnerships (Prosecution) (Scotland) Bill clarifies the legal process for prosecuting partnerships in Scotland, particularly after the partnership dissolves or its membership changes. It ensures that ongoing legal proceedings against a partnership aren't halted by these events and allows for the continued prosecution of individuals involved, even after leaving the partnership.

Description

This Bill addresses the prosecution of partnerships in Scotland following dissolution or changes in membership. Key aspects include:

Prosecution After Dissolution

A dissolved partnership can still be prosecuted for offences committed before dissolution, within a 5-year time limit. Former partners can also be prosecuted individually, even if the partnership itself has been prosecuted. The bill also modifies the rules for paying fines imposed on dissolved partnerships, removing restrictions linked to partnership assets.

Prosecution After Membership Change

If a partnership continues business after a change in membership, it can still be prosecuted for offences committed before the change. Again, individual partners, even those who have left, may be prosecuted individually. The bill explicitly states that a change in membership does not automatically create a new legal entity.

Amendments to Existing Legislation

The bill amends the Partnership Act 1890 and the Criminal Procedure (Scotland) Act 1995 to reflect the changes. It grants the Secretary of State the power to make further amendments via statutory instrument, subject to parliamentary approval.

Government Spending

The bill doesn't directly specify any changes to government spending. The cost implications are likely to be minimal, relating primarily to the administrative aspects of adjusting legal procedures.

Groups Affected

• Partnerships: The bill directly impacts partnerships in Scotland, potentially extending their liability for offences even after dissolution or membership changes.
• Individual Partners: Current and former partners could face prosecution for partnership offences, regardless of their current status within the partnership.
• Courts and Prosecutors: The bill alters procedures for prosecuting partnerships and individuals involved in partnership offences, requiring adjustments to their practices.
• Businesses operating as partnerships in Scotland: Businesses need to understand these changes in partnership liability for offences committed by the partnership.

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