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.