The Protection of Charities Assets (Exemption) (Scotland) Order 2006

Made: 21st April 2006

Coming into force: 24th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 19(8) and (9) 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, a draft of which has, in accordance with section 103(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1

This Order may be cited as the Protection of Charities Assets (Exemption) (Scotland) Order 2006 and shall come into force on the 24th April 2006.

Protection of Assets

2

Subsections (1) to (7) of section 19 of the Charities and Trustee Investment (Scotland) Act 2005 are disapplied in relation to the property owned by—

• (a) the bodies specified in Part 1 (Non-departmental Public Bodies) and Part 2 (Further Education Colleges) of the Schedule to this Order; and

• (b) the Higher Education Institutions specified in the first column in Part 3 of the Schedule to this Order and the corresponding governing bodies specified in the second column in Part 3 of that Schedule.

SCHEDULE — SPECIFIED BODIES

Part 1 – Non-departmental Public Bodies

• The Board of Trustees of the National Galleries of Scotland

• The Board of Trustees of the National Museums of Scotland

• The Board of Trustees of the Royal Botanic Garden Edinburgh

• The General Teaching Council for Scotland

• Learning and Teaching Scotland

• Royal Commission on the Ancient and Historical Monuments of Scotland

• National Theatre of Scotland

• Scottish Arts Council

• Scottish Natural Heritage

• Scottish Qualifications Authority

• Scottish Screen

• Scottish Sports Council

• The Trustees of the National Library of Scotland

Part 2 – Further Education Colleges

• The Board of Management of Aberdeen College of Further Education

• The Board of Management of Adam Smith College, Fife

• The Board of Management of Angus College of Further Education

• The Board of Management of Anniesland College

• The Board of Management of Ayr College

• The Board of Management of Banff and Buchan College of Further Education

• The Board of Management of the Barony College

• The Board of Management of Borders College

• The Board of Management of Cardonald College

• The Board of Management of Central College of Commerce

• The Board of Management of Clydebank College

• The Board of Management of Coatbridge College

• The Board of Management of Cumbernauld College

• The Board of Management of Dumfries and Galloway College

• The Board of Management of Dundee College

• The Board of Management of Edinburgh’s Telford College

• The Board of Management of Elmwood College

• The Board of Management of Forth Valley College of Further and Higher Education

• The Board of Management of Glasgow College of Nautical Science

• The Board of Management of Glasgow Metropolitan College

• The Board of Management of Inverness College

• The Board of Management of James Watt College of Further and Higher Education

• The Board of Management of Jewel and Esk Valley College

• The Board of Management of John Wheatley College

• The Board of Management of Kilmarnock College

• The Board of Management of Langside College

• The Board of Management of Lauder College

• The Board of Management of Lews Castle College

• The Board of Management of Moray College

• The Board of Management of Motherwell College

• The Board of Management of Newbattle Abbey College

• The Board of Management of North Glasgow College

• The Board of Management of the North Highland College

• The Board of Management of Oatridge Agricultural College

• The Board of Management of Orkney College

• The Board of Management of Perth College

• The Board of Management of Reid Kerr College

• The Board of Management of Sabhal Mòr Ostaig

• The Board of Management of Shetland College

• The Board of Management of South Lanarkshire College

• The Board of Management of Stevenson College Edinburgh

• The Board of Management of Stow College

• The Board of Management of West Lothian College

Part 3 – Higher Education Institutions

Signed

MALCOLM CHISHOLM — A member of the Scottish Executive — 21st April 2006

Explanatory note

(This note is not part of the Order)

By this Order, Scottish Ministers have disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the property and income owned by the bodies listed in the Schedule to the Order.

Section 19(1) of the 2005 Act provides that when a body is removed from the Scottish Charity Register (established by section 3 of the 2005 Act), it remains under a duty to apply property and income held by it before it was removed, in accordance with its purposes as set out on the register. Section 19(2) to (7) of the 2005 Act protects such assets and ensures that the Scottish Charity Regulator (established by section 1 of the 2005 Act), can continue to oversee the use of the property and income even though the body holding that property and income is no longer a charity, by ensuring that several provisions of the 2005 Act continue to apply to the body in so far as they relate to property and income.

Footnotes

[^f00001]: 2005 asp 10.