Prosecution after change in membership

4Prosecution of partnership after change in membership

1

This section and section 5 apply where—

a

there is a change in the membership of a partnership,

b

the partnership continues to carry on business after the change, and

c

an offence is alleged to have been committed by the partnership before the change.

2

The partnership may be prosecuted, or continue to be prosecuted, for the offence.

3

For the purposes of this section and section 5, any enactment or rule of law, by virtue of which a change in membership of a partnership results in a new partnership being constituted, does not apply.

4

In this section and section 5, there is a change in the membership of a partnership where—

a

a partner dies or, if not an individual, ceases to exist,

b

a partner resigns, retires or is expelled from the partnership, or

c

a person is admitted as a partner into the partnership.