LegalizeThe Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006
Made: 31st March 2006
The Scottish Ministers, in exercise of the powers conferred by sections 103(2) and 107(2) of the Charities and Trustee Investment (Scotland) Act 2005[^f00001], and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and interpretation
1
- (1) This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006.
- (2) In this Order, “the Act” means the Charities and Trustee Investment (Scotland) Act 2005.
Commencement of provisions
2
- (1) The provisions of the Act specified in Part 1 of the Schedule to this Order, so far as not already in force, shall come into force on 1st April 2006.
- (2) The provisions of the Act specified in Part 2 of the Schedule to this Order, so far as not already in force, shall come into force on 24th April 2006.
Transitional and savings provision
3
- (1) Notwithstanding the repeal of sections 3, 4, 5 and 15(1) to (8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[^f00002] by the coming into force of paragraph 7(b) of Schedule 4 to the Act on 1st April 2006, those provisions of the 1990 Act and the following Regulations and Orders–
- (a) the Charities Accounts (Scotland) Regulations 1992[^f00003];
- (b) the Charities (Exemptions from Accounting Requirements) (Scotland) Regulations 1993[^f00004];
- (c) the Charities (Exemptions from Accounting Requirements) (Scotland) Amendment Regulations 1995[^f00005];
- (d) the Charities (Exemption from Accounting Requirements) (Scotland) Amendment Regulations 2000[^f00006];
- (e) the Charities (Designated Religious Bodies) (Scotland) Order 1993[^f00007];
- (f) the Charities (Designated Religious Bodies) (Scotland) Order 2005[^f00008],
shall continue to apply to a charity in relation to accounts for a financial year beginning before 1st April 2006.
- (2) The following provisions of the Act shall not apply to a designated religious body until 1st October 2007–
- (a) subsections (1) to (6) of section 16 (in so far as those subsections relate to any action set out in subsection (2)(b) to (d) of that section);
- (b) section 28(3);
- (c) section 31(4) and (6);
- (d) section 34(5)(c) to (e);
- (e) section 69.
- (3) Paragraphs (1) and (2) do not apply to a designated religious body which has been designated as a designated religious charity under section 65 of the Act.
- (4) In this article, “designated religious body” means a body designated as such in either the Charities (Designated Religious Bodies) (Scotland) Order 1993 or the Charities (Designated Religious Bodies) (Scotland) Order 2005, and those Orders and section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall continue to apply for the purposes of paragraphs (2) and (3) of this article notwithstanding the repeal of that section.
SCHEDULE
PART 1 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1st APRIL 2006
| Section | Subject matter |
|---|---|
| Section 1(5), except sub-section (5)(a) | Office of the Scottish Charity Regulator |
| Section 3 | Scottish Charity Register |
| Section 13 | References to charitable status |
| Section 14 | Exception for certain bodies not in Register |
| Section 16 | Changes which require OSCR’s consent |
| Section 17 | Notification of other changes |
| Section 22 | Power of OSCR to obtain information from charities |
| Section 28 | Inquiries about charities etc. |
| Section 29 | Power of OSCR to obtain information for inquiries |
| Section 31 | Powers of OSCR following inquiries |
| Section 32 | Suspensions and directions: procedure |
| Section 33 | Reports on inquiries |
| Section 34 | Powers of Court of Session |
| Section 35 | Transfer schemes |
| Section 36 | Powers in relation to English and Welsh charities |
| Section 37 | Expenses |
| Section 38 | Delegation of functions |
| Section 43 | Endowments |
| Section 44 | Accounts |
| Section 45 | Failure to provide statement of account |
| Section 46 | Duty of auditors etc. to report matters to OSCR |
| Section 47 | Dormant accounts of charities |
| Section 48 | Dormant accounts of charities: procedure and interpretation |
| Section 65 | Designated religious charities |
| Section 66 | Charity trustees: general duties |
| Section 67 | Remuneration for services |
| Section 68 | Remuneration: supplementary |
| Section 69 | Disqualification from being charity trustee |
| Section 70 | Disqualification: supplementary |
| Section 71 | Decisions |
| Section 72 | Notice of decisions |
| Section 73 | Effect of decisions |
| Section 74 | Review of decisions |
| Section 76 | Appeals to Scottish Charity Appeals Panel |
| Section 77 | Reconsideration of decision remitted to OSCR |
| Section 78 | Appeals to Court of Session |
| Section 99 | Population of Register etc. |
| Section 104 | Minor and consequential amendments and repeals |
| Section 105 | Meaning of “control” etc. |
| Paragraphs 1, 2, 3, 4, 5(a), 6, 7, 10, 12 to 19 of Schedule 4 | Minor and consequential amendments and repeals |
PART 2 — PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 24th APRIL 2006
| Section | Subject matter |
|---|---|
| Section 1(5)(a) | Office of the Scottish Charity Regulator |
| Section 2 | Annual reports |
| Section 4 | Application for entry in Register |
| Section 5 | Determination of applications |
| Section 6 | Applications: further procedure |
| Section 7 | The charity test |
| Section 8 | Public benefit |
| Section 10 | Objectionable names |
| Section 11 | Change of name |
| Section 12 | Power to OSCR to require charity to change name |
| Section 15 | References in documents |
| Section 18 | Removal from Register |
| Section 19 | Removal from Register: protection of assets |
| Section 20 | Co operation |
| Section 21 | Public access to Register |
| Section 23 | Entitlement to information about charities |
| Section 24 | Disclosure of information by and to OSCR |
| Section 25 | Removal of restrictions on disclosure of certain information |
| Section 26 | False or misleading information etc |
| Section 27 | Disclosure of information: entitlement under other enactments etc. |
| Section 30 | Removal from Register of charity which no longer meets charity test |
| Section 80 | Representation and solicitation |
| Section 81 | Prohibition on professional fundraising without formal agreement |
| Section 82 | Prevention of unauthorised fundraising |
| Section 83 | Regulations about fundraising |
| Section 100 | Notices, applications etc. |
| Section 101 | Offences by bodies corporate etc. |
| Paragraph 9 of Schedule 4 | Minor and consequential amendments and repeals |
Signed
MALCOLM CHISHOLM — A member of the Scottish Executive — 31st March 2006
Explanatory note
(This note is not part of the Order)
This Order is the third commencement order under the Charities and Trustee Investment (Scotland) Act 2005 (“the Act”).
Article 2 and the Schedule to this Order brings into force on 1st April and 24th April 2006 all the provisions of the Act that are not already in force with the exception of sections 39 to 42 which relate to the reorganisation of charities, sections 49 to 64 of the Act which relate to Scottish Charitable Incorporated Organisations, sections 84 to 92 which relate to public benevolent collections and section 96 (power of a charity to participate in certain financial schemes). All of schedule 4 is commenced by this Order with the exception of paragraphs 5(b) and (c), 8 and 11.
Article 3 makes transitional and savings provisions in relation to the accounts of charities and designated religious bodies. It also provides that certain provisions of the Act are not to apply to designated religious bodies until 31st October 2007 or until those bodies become designated religious charities in terms of section 65 of the Act. Article 3(3) provides the transitional and savings provision shall cease to have effect if a designated religious body is designated as a religious charity in terms of section 65 of the Act.
Footnotes
[^f00001]: 2005 asp 10.
[^f00002]: 1990 c. 40.
[^f00003]: S.I. 1992/2165.
[^f00004]: S.I. 1993/1624 as amended by S.I. 1995/645 and S.S.I. 2000/49.
[^f00005]: S.I. 1995/645.
[^f00006]: S.S.I. 2000/49.
[^f00007]: S.I. 1993/2774.
[^f00008]: S.S.I. 2005/306.
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