Partnerships (Prosecution) (Scotland) Bill

AMENDMENT
TO BE MOVED
IN SPECIAL PUBLIC COMMITTEE

Clause 4

VISCOUNT HANWORTH

 

Page 2, line 31, at end insert—

“(5) Notwithstanding section 4(2) and 9 of the Partnership Act 1890, a partner admitted after the commission of an offence (or, after his death, his estate) shall have no liability for any debt of the firm attributable to the imposition of a fine for that offence, including any debt which could have been met from the property of the firm but for the imposition of the fine, nor shall any other partner be entitled to relief from him on payment of such a debt.

(6) Where it is uncertain whether the offence concerned was committed before or after the admission of a new partner, or in the case of a continuing offence, the court imposing a fine for the offence shall be entitled when doing so to declare as it sees fit that the offence should be treated either as having taken place before or after the admission of the new partner, and any such declaration shall be conclusive for the purposes of subsection (5).”

Prepared 13th February 2013