The Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 5) Order 2011

Made: 18th January 2011

The Scottish Ministers make the following Order in exercise of the powers conferred by section103(2) and 107(2) of the Charities and Trustee Investment (Scotland) Act 2005[^f00001], and all other powers enabling them to do so.

Citation and interpretation

1

• (1) This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No.5) Order 2011.

• (2) In this Order “the Act” means the Charities and Trustee Investment (Scotland) Act 2005.

Commencement of provisions

2

• (1) Section 64 (regulations relating to SCIOs) of the Act comes into force on 21stJanuary 2011.

• (2) The following provisions of the Act come into force on 21st January 2011 for the purpose of enabling regulations to be made and for all other purposes on 1st April 2011:—

• (a) section 50 (constitution and powers); and

• (b) section 52 (name and status).

• (3) The following provisions of the Act come into force on 1st April 2011:—

• (a) section 49 (Scottish charitable incorporated organisations);

• (b) section 51 (general duty of members of SCIO);

• (c) section 53 (offences etc.);

• (d) section 54 (application for creation of SCIO);

• (e) section 55 (entry in Register);

• (f) section 62 (third parties); and

• (g) section 63 (amendment of constitution).

• (4) The following provisions of the Act come into force on 1st January 2012:—

• (a) section 56 (conversion of charity which is a company or registered friendly society: applications);

• (b) section 57 (determination of application for conversion);

• (c) section 58 (conversion: supplementary);

• (d) section 59 (amalgamation of SCIOs);

• (e) section 60 (amalgamation: supplementary); and

• (f) section 61 (transfer of SCIO’s undertaking).

Signed

FERGUS EWING — Authorised to sign by the Scottish Ministers — 18th January 2011

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order is the fifth commencement order under the Charities and Trustee Investment (Scotland) Act 2005 (“the Act”).

This Order brings into force all the provisions of the Act which relate to Scottish charitable incorporated organisations. Those provisions are found in Chapter7, which establishes a new incorporated legal form that charities may choose to adopt. Known as the Scottish charitable incorporated organisation (SCIO), this new form enables a charity to become a corporate body while continuing to be regulated by the Office of the Scottish Charity Regulator (OSCR).

Section 64 of the Act comes into force on 21st January 2011. This section allows the Scottish Ministers to make regulations setting out further provision in relation to SCIOs.

Sections 50 and 52 of the Act come into force on 21stJanuary 2011 for the purpose of enabling regulations to be made. Section 50 allows the Scottish Ministers to make regulations specifying other matters (beyond those in that section) which a SCIO’s constitution must contain. Section 52 allows the Scottish Ministers to specify in regulations the documents on which a SCIO’s name must appear. Sections 50 and 52 come into force for all other purposes on 1st April 2011.

Sections 49, 51, 53 to 55, 62 and 63 come into force on 1st April 2011.

Section49 sets out the basic requirements for a charity to become a SCIO. Section 51 places on the members of a SCIO the general duty set out at section 66(1)(a), (3) and (4) of the Act. Section53 creates an offence of issuing or authorising the issue of certain documents, as well as signing or authorising the signature of those same documents. Sections54 and 55 set out the procedure for applying to create a SCIO, and be registered as such, as well as the effect of such registration. Section62 makes provision for third parties dealing with a SCIO and is intended to provide a level of protection to those third parties. Section63 allows a SCIO to amend its constitution by way of resolution in accordance with that section.

Sections 56 to 61 of the Act come into force on 1st January 2012. Sections56 to 58 make provision in relation to conversion from other forms into SCIO form. Sections59 and 60 set out the procedure for the amalgamation of two or more SCIOs into onenew SCIO. Section61 allows a SCIO to transfer its property, rights and liabilities to another SCIO, if OSCR confirms this.

Footnotes

[^f00001]: 2005 asp10.