Charities and Trustee Investment (Scotland) Act 2005
Charities and Trustee Investment (Scotland) Act 2005 (2005 asp 10)
- Charities and Trustee Investment (Scotland) Act 2005 (2005 asp 10)
- Part 1 Charities
- Chapter 1 Office of the Scottish Charity Regulator
- 1 Office of the Scottish Charity Regulator
- 2 Annual reports
- Chapter 2 Scottish Charity Register
- The Register
- 3 Scottish Charity Register
- Applications
- 4 Application for entry in Register
- 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 in relation to charity names and working names
- References to charitable status
- 13 References to charitable status
- 14 Exception for certain bodies not in Register
- 15 References in documents
- Changes
- 16 Changes which require OSCR's consent
- 17 Notification of changes
- Removal from Register
- 18 Removal from Register
- 19 Removal from Register: protection of assets
- Chapter 3 Co-operation and information
- 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: public bodies or office-holders
- 24A Disclosure of information by and to OSCR: designated religious charities
- 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.
- Chapter 4 Supervision of charities 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
- 30A Removal from Register where charity no longer has connection to Scotland
- 30B Powers of OSCR following inquiries: direction to take specified steps
- 31 Powers of OSCR following inquiries: temporary suspension or restriction of conduct
- 32 Suspensions and directions under section 31: 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
- Chapter 5 Reorganisation of charities
- 39 Reorganisation of charities: applications by charity
- 40 Reorganisation of charities: applications by OSCR
- 41 Approved schemes
- 42 Reorganisation: supplementary
- 43 Endowments
- Chapter 5A Reorganisation of restricted funds
- 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
- Chapter 6 Charity accounts
- Duty to keep accounts etc.
- 44 Accounts
- 45 Failure to provide statement of account: preparation by appointed person
- 45A Failure to provide statement of account: removal from Register
- Access to charity accounts
- 45B Public access to charity accounts kept by OSCR
- 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
- Duty to submit annual return
- 48A Annual returns
- Chapter 7 Scottish charitable incorporated organisations
- Nature and constitution
- 49 Scottish charitable incorporated organisations
- 50 Constitution and powers
- 51 General duty of members of SCIO
- 52 References in SCIO documents
- 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 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
- Chapter 7A Charity mergers
- 64A Meaning of “charity merger” etc.
- 64B Notification of charity mergers
- 64C Record of charity mergers
- 64D Legacies: effect of charity merger being notified
- 64E Public access to the record of charity mergers
- Chapter 8 Religious charities
- 65 Designated religious charities
- Chapter 9 Charity trustees and senior managers
- General duties
- 66 Charity trustees: general duties
- Information about charity trustees
- 66A Schedule of charity trustees
- Remuneration
- 67 Remuneration for services
- 68 Remuneration: supplementary
- 68A Charity trustees' indemnity insurance
- Disqualification
- 69 Disqualification from being charity trustee
- 69A Disqualification: specified offences
- 69B Disqualification from holding office with senior management functions
- 70 Disqualification: supplementary
- 70ZA Record of persons removed from office
- 70ZB Searching the record of removed persons
- Appointment
- 70A Appointment of charity trustees
- Chapter 10 Decisions: notices, reviews and appeals
- Preliminary
- 71 Decisions
- 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
- Part 3 Investment powers of trustees
- 93 Extension of general powers of trustees
- 94 Exercise of power of investment
- 95 Amendments consequential on Part 3
- Part 4 General and supplementary
- 96 Power of charity to participate in certain financial schemes
- 97 Financial assistance for benevolent bodies
- 98 Rate relief for registered community amateur sports clubs
- 99 Population of Register etc.
- 100 Notices, applications etc.
- 101 Offences by bodies corporate etc.
- 102 Ancillary provision
- 103 Orders, regulations and rules
- 104 Minor and consequential amendments and repeals
- 105 Meaning of “control” etc.
- 106 General interpretation
- 107 Short title and commencement
- SCHEDULE 1 The Scottish Charity Regulator
- Membership
- Tenure and removal from office
- Chairing
- Chief executive and other staff
- Proceedings
- Delegation of powers
- Validity of proceedings and acts
- SCHEDULE 2 Scottish Charity Appeals Panel
- Panel members
- Tenure and removal from office
- Staff, property and services
- Rules of procedure
- SCHEDULE 3 Powers of trustees: consequential amendments
- Judicial Factors Act 1849 (c. 51)
- Trusts (Scotland) Act 1921 (c. 58)
- Trusts (Scotland) Act 1961 (c. 57)
- Trustee Investments Act 1961 (c. 62)
- National Health Service (Scotland) Act 1978 (c. 29)
- Education (Scotland) Act 1980 (c. 44)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
- Charities Act 1993 (c. 10)
- SCHEDULE 4 Minor and consequential amendments and repeals
- Part 1 Acts
- Recreational Charities Act 1958 (c. 17)
- Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)
- Sex Discrimination Act 1975 (c. 65)
- Education (Scotland) Act 1980 (c. 44)
- Civic Government (Scotland) Act 1982 (c. 45)
- Companies Act 1985 (c. 6)
- Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
- Charities Act 1992 (c. 41)
- Further and Higher Education (Scotland) Act 1992 (c. 37)
- Tribunals and Inquiries Act 1992 (c. 53)
- Local Government etc. (Scotland) Act 1994 (c. 39)
- Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
- Land Reform (Scotland) Act 2003 (asp 2)
- Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
- Protection of Children (Scotland) Act 2003 (asp 5)
- Part 2 Subordinate legislation
- Arable Area Payments Regulations 1996 (S.I. 1996/3142)
- Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002 (S.S.I 2002/167)
- National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115)
- National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (S.S.I. 2004/116)
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