A LOOPHOLE in the law that allowed the failure of attempted prosecutions over the Rosepark care home tragedy is expected to be plugged, it has emerged.

The Scottish Law Commission, which wants the law reformed, has published a report that says dissolved partnerships must be criminally liable.

It comes after an attempt to prosecute Rosepark's owners Thomas, Anne and Alan Balmer over alleged safety breaches after the death of 14 residents in a fire at the home in Uddingston, South Lanarkshire, collapsed four years ago.

It was ruled at the time the alleged offences could only be carried out by employers, and the three owners of the home named in the indictment were not employers in law.

Prosecutors launched a legal challenge but in July 2008 Lord Eassie ruled it would not be possible to prosecute the Balmers as the partnership known as Rosepark Care Home had been dissolved in 2005.

A new indictment was then directed against the Balmers as "surviving partners" of the now dissolved firm. But the third attempt failed in May 2009, with Lord Matthews calling the indictment "inept".

The commission is now recommending it "should remain competent to prosecute a partnership during a period of five years following its dissolution". Its report includes a draft bill which will go to UK Government for a final decision.

"The commission's report recommends a simple targeted solution to the problem thrown up by the Rosepark fire," the commission said.