The UK Government has launched a consultation on how to close the legal loophole on the prosecution on partnerships in Scotland and how to reform the law on unincorporated associations.
The proposals that the Government is seeking views on are based on the Scottish Law Commission's (SLC) work, which led to a report and draft Bill in 2009 on unincorporated associations and a report and draft Bill in 2011 in the law on criminal liability of dissolved Scottish partnerships.
The Scottish Law Commission has indicated it supports the process and will continue to work with the UK Government to finalise a Bill.
Reforming the criminal liability of partnerships in Scots law was suggested after the tragedy of the Rosepark nursing home fire in Lanarkshire in 2004 in which 14 residents lost their lives.
The case against the care home operators failed in the courts because of a loophole which prevented the prosecution of a partnership once it had been dissolved.
The proposed change would ensure all Scottish partnerships could be held to account if they commit crimes and prevent them escaping prosecution for potentially serious offences by dissolving.
The consultation is also seeking views on a proposal regarding attributing legal personality to non-profit making unincorporated associations where they meet certain statutory criteria.
The Secretary of State for Scotland Michael Moore said: "The second measure would restrict the liability of individuals in unincorporated associations. It is not fair that someone who gives their time to the management of a club or association should be held personally - and financially - responsible for an accident or injury which happens at one of its events. We believe that should be the responsibility of the organisation as a whole and are consulting on the best way to remove this risk and ensure individuals who help manage clubs or voluntary associations are protected.”
