Charities and Trustee Investment (Scotland) Act 2005 (Version in vigour from 2018-01-12 to )

Consolidated Text

As Enacted

Cited authorities 106

Cited in

Currency	No known outstanding effects
Coming into Force	12 January 2018

Contenidos

Charities and Trustee Investment (Scotland) Act 2005
Part 1: Charities

1: Office of the Scottish Charity Regulator

2: Annual reports

The Register

3: Scottish Charity Register

Applications

4: Application for entry in Register: An application for entry in the Register must—
5: Determination of applications
6: Applications: further procedure

The charity test

7: The charity test
8: Public benefit
9: Guidance on charity test

Charity names

10: Objectionable names
11: Change of name
12: Power of OSCR to require charity to change name

References to charitable status

13: References to charitable status
14: Exception for certain bodies not in Register: A body which is not entered in the Register may, despite section 13, refer to itself as a “charity” without being treated as representing itself as a charity if, and only if—
15: References in documents

Changes

16: Changes which require OSCR's consent
17: Notification of other changes

Removal from Register

18: Removal from Register: OSCR must, within 28 days of the date on which it receives an application from a charity for removal from the Register—
19: Removal from Register: protection of assets

Co-operation

20: Co-operation

Information about charities

21: Public access to Register
22: Power of OSCR to obtain information from charities
23: Entitlement to information about charities

Sharing information

24: Disclosure of information by and to OSCR
25: Removal of restrictions on disclosure of certain information

Supplemental

26: False or misleading information etc.
27: Disclosure of information: entitlement under other enactments etc.

Inquiries

28: Inquiries about charities etc.
29: Power of OSCR to obtain information for inquiries
30: Removal from Register of charity which no longer meets charity test
31: Powers of OSCR following inquiries
32: Suspensions and directions: procedure
33: Reports on inquiries

Powers of Court of Session

34: Powers of Court of Session
35: Transfer schemes
36: Powers in relation to English and Welsh charities
37: Expenses

Supplemental

38: Delegation of functions

39: Reorganisation of charities: applications by charity

40: Reorganisation of charities: applications by OSCR

41: Approved schemes
42: Reorganisation: supplementary

43: Endowments
43A: Reorganisation of restricted funds: applications by charity

43B: Reorganisations of restricted funds: applications by OSCR

43C: Approved restricted funds reorganisation schemes
43D: Restricted funds reorganisations: supplementary
Duty to keep accounts etc.

44: Accounts
45: Failure to provide statement of account

Duty to report matters to OSCR

46: Duty of auditors etc. to report matters to OSCR

Dormant charity accounts

47: Dormant accounts of charities
48: Dormant accounts of charities: procedure and interpretation

Nature and constitution

49: Scottish charitable incorporated organisations
50: Constitution and powers
51: General duty of members of SCIO
52: Name and status
53: Offences etc.

Creation of SCIO and entry in Register

54: Application for creation of SCIO
55: Entry in Register

Conversion, amalgamation and transfer

56: Conversion of charity which is a company or registered friendly society: applications
57: Determination of application for conversion
58: Conversion: supplementary
59: Amalgamation of SCIOs
60: Amalgamation: supplementary
61: Transfer of SCIO's undertaking

General

62: Third parties
63: Amendment of constitution
64: Regulations relating to SCIOs: The Scottish Ministers may by regulations make further provision in relation to SCIOs including, in particular, provision about—

65: Designated religious charities

General duties

66: Charity trustees: general duties

Remuneration

67: Remuneration for services
68: Remuneration: supplementary
68A: Charity trustees' indemnity insurance

Disqualification

69: Disqualification from being charity trustee
70: Disqualification: supplementary

Appointment

70A: Appointment of charity trustees

Preliminary

71: Decisions: This Chapter applies to any decision by OSCR (or by a person to whom OSCR's functions are delegated by virtue of section 38) to—

Notice and effect of decisions

72: Notice of decisions
73: Effect of decisions

Reviews

74: Review of decisions

Appeals

75: Scottish Charity Appeals Panel
76: Appeals to the First-tier Tribunal
77: Reconsideration of decision remitted to OSCR
78: Appeals to Court of Session

Part 2: Fundraising for benevolent bodies

Preliminary

79: Interpretation of Part 2
80: Representation and solicitation

Control of fundraising

81: Prohibition on professional fundraising without formal agreement
82: Prevention of unauthorised fundraising
83: Regulations about fundraising

Public benevolent collections

84: Meaning of “public benevolent collection”
85: Regulation of public benevolent collections
86: Local authority consents
87: Designated national collectors
88: Appeals
89: Application of funds
90: Regulations relating to public benevolent collections
91: Collection of goods
92: Guidance on collections: Local authorities must have regard to any guidance issued by OSCR about the exercise of their functions in relation to—

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