Page last updated at 12:52 GMT, Friday, 7 December 2012

Partnerships (Prosecution) (Scotland) Bill

Watch live coverage of peers debating the Partnerships (Prosecution) (Scotland) Bill at second reading, on 10 December 2012.

The bill gives effect to recommendations contained in the Scottish Law Commission's Report on Criminal Liability of Partnerships.

The bill attempts to close a legal loophole which enabled owners of the Rosepark nursing home in Glasgow - where 14 elderly people died in a fire in 2004 - to avoid prosecution.

The legal case against Rosepark's owners collapsed due to a loophole which prevented the prosecution of a partnership once it had been dissolved.

The new bill would ensure all Scottish partnerships could be held to account if they commit crimes and would prevent them escaping prosecution for potentially serious offences by dissolving.

The legislation would allow prosecutions after a partnership has dissolved for up to five years, and fines can be enforced in the same way as if the partnership had not been dissolved.

In addition, the new bill gives effect to the Scottish Law Commission's recommendation that you can still prosecute a partnership prior to a change in membership, despite that change in membership.

The bill extends to Scotland only.

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