Charities and Trustee Investment (Scotland) Act 2005

106 General interpretation S

In this Act, unless the context otherwise requires—

• “applicant” has the meaning given in section 4(a),

• “benevolent body” has the meaning given in section 79,

• “charitable purposes” means the purposes set out in section 7(2),

• “charity” means a body entered in the Register,

• “charity test” is to be construed in accordance with section 7,

• “charity trustees” means the persons having the general control and management of the administration of a charity,

• [F1 “company” means a company registered under the Companies Act 2006 in England and Wales or Scotland,]

• “constitution”—

  (a)

  [F2 in relation to a charity or other body which is a company, means its articles of association,]

  (b)

  in relation to a charity or other body which is a body of trustees, means the trust deed,

  (c)

  in relation to a SCIO, has the meaning given in section 50,

  (d)

  in relation to a charity or other body established by enactment, means the enactment which establishes it and states its purposes,

  (e)

  in relation to charity or other body established by a Royal charter or warrant, means the Royal charter or warrant, and

  (f)

  in the case of any other charity or body, means the instrument which establishes it and states its purposes,

  [F3 but where the charity has varied its constitution (by means of a reorganisation scheme or otherwise), a reference to its constitution is a reference to its constitution as so varied,]

• “designated national collector” means a charity designated as such under section 87(4),

• “designated religious charity” means a charity designated as such under section 65(1),

• “equal opportunities” and “equal opportunity requirements” have the meaning given in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46),

• [F4 “the First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber]

• “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

• “misconduct” includes mismanagement,

• “OSCR” means the holder of the Office of the Scottish Charity Regulator,

• F5 ...

• “the Register” means the Scottish Charity Register,

• “relevant financial institution” means—

  (a)

  a person who has permission under [F6 Part 4A ] of the Financial Services and Markets Act 2000 (c. 8) to accept deposits,

  (b)

  an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits,

  and this definition must be read with section 22 of and Schedule 2 to that Act and any relevant order under that section,

• “reorganisation scheme” has the meaning given in section 42(3) and references to “approved reorganisation schemes” are references to schemes approved under section 39 or 40,

• [F7 “restricted funds reorganisation scheme” has the meaning given in section 43D and references to “approved restricted funds reorganisation schemes” are references to schemes approved under section 43A or 43B,]

• “SCIO” has the meaning given in section 49,

• [F8 “working name”, in relation to a charity, means a name that is not the charity’s name but which is used to identify the charity and under which it carries out activities.]

Textual Amendments

F1 Words in s. 106 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 250(4)(a) (with art. 10)

F2 Words in s. 106 substituted (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 1 para. 250(4)(b) (with art. 10)

F3 Words in s. 106 inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F4 Words in s. 106 inserted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(7)(a)

F5 Words in s. 106 repealed (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(7)(b)

F6 Words in s. 106 substituted (1.4.2013) by Financial Services Act 2012 (c. 21), s. 122(3), Sch. 18 para. 139 (with Sch. 20); S.I. 2013/423, art. 3, Sch.

F7 Words in s. 106 inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(3), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

F8 Words in s. 106 inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(7); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

Commencement Information

I1 S. 106 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1