Partnerships (Prosecution) (Scotland) Act 2013
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Change 1
5 Change in membership of partnership: proceedings against partner or other person
(1) A person, who could have been prosecuted for the offence committed by the partnership had there not been a change in membership, may be prosecuted, or may continue to be prosecuted, for the offence despite the change in membership. (2) Subsection (1) applies irrespective of whether the partnership has been or is prosecuted for the offence but not where the partnership has been so prosecuted and acquitted. (3) In proceedings against a person by virtue of subsection (1), evidence led may include evidence as to the commission of the offence by the partnership.
5 Change in membership of partnership: proceedings against partner or other person
(1) A person, who could have been prosecuted for the offence committed by the partnership had there not been a change in membership, may be prosecuted, or may continue to be prosecuted, for the offence despite the change in membership. (2) Subsection (1) applies irrespective of whether the partnership has been or is prosecuted for the offence but not where the partnership has been so prosecuted and acquitted. (3) In proceedings against a person by virtue of subsection (1), evidence led may include evidence as to the commission of the offence by the partnership.
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