SCHEDULEFurther modification of the 2005 Act
I16Oversight in relation to working names
1
The 2005 Act is modified as follows.
2
In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”
.
3
In section 10 (objectionable names)—
a
in subsection (1), paragraph (a), after “name” insert “or working name”
,
b
after subsection (2), insert—
3
Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.
4
In section 12 (power of OSCR to require charity to change name)—
a
in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”
,
b
after subsection (2), insert—
2A
OSCR may, if satisfied following such a review that the working name of a charity (“charity A”) is the same as or too like the name or working name of another charity (“charity B”), as appropriate—
a
direct charity B to change its name,
b
direct either one or both of the charities to stop using its working name within such period as may be specified in the direction.
c
for subsection (3), substitute—
3
At any other time—
a
where OSCR considers that a charity's name falls within section 10, it must direct the charity to change its name,
b
where OSCR considers that a charity's working name is objectionable, it may direct the charity to stop using that working name within such period as may be specified in the direction.
d
after subsection (3A) (inserted by paragraph 4), insert—
3B
A direction under this section—
a
may be revoked at any time,
b
may be varied, but only by extending the period specified in it.
e
in subsection (4), after “this section” insert “to change name”
,
f
in subsection (5), after “direction” insert “to change name”
,
g
after subsection (5), insert—
6
For the purposes of subsection (3)(b), a charity’s working name is objectionable where it would, if it were the charity’s name, fall within section 10(1).
5
The heading of section 12 becomes “Power of OSCR in relation to charity names and working names”
.
6
In section 71 (decisions)—
a
in paragraph (d), after “12(2)” insert “, (2A)”
,
b
in paragraph (e), after “12(2)” insert “or (2A)”
.
7
In section 106 (general interpretation), after the definition of “SCIO”, insert—
“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.