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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

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Changes over time for: Cross Heading: Miscellaneous

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Version Superseded: 01/04/2006

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Status:

Point in time view as at 27/07/1992.

Changes to legislation:

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, Cross Heading: Miscellaneous is up to date with all changes known to be in force on or before 11 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

MiscellaneousS

F113 Appointment of trustees.S

(1)Where a recognised body is a trust, notwithstanding anything to the contrary in the trust deed or other document constituting the trust, the trustees shall have power to appoint such number of additional trustees as will secure that, at any time, the number of trustees shall be not less than three.

(2)Where in the case of any trust which is a recognised body—

(a)the number of trustees is less than three; and

(b)it appears to the Lord Advocate that the trustees will not, or are unable to, exercise their power under subsection (1) above,

if it appears to the Lord Advocate expedient to do so, he may exercise the power in place of the trustees.

Textual Amendments

F1S. 13 wholly in force at 27.7.1992 see s. 75(2) and S.I. 1992/1599, art.5, Sch. 3.

14 Alteration of purposes and winding-up of charitable companies.S

(1)This section applies to a recognised body which may be wound up by the Court of Session under or by virtue of Parts IV or V of the M1Insolvency Act 1986.

(2)Where a body to which this section applies has power to alter the instruments establishing or regulating it, it shall not alter any charitable purposes in those instruments except in such a way as will enable the body to continue to be granted an exemption from tax by the Commissioners of Inland Revenue under section 505(1) of the M2Income and Corporation Taxes Act 1988 (exemption from tax of charities).

(3)Notwithstanding section 124 of the M3Insolvency Act 1986, a petition for the winding-up under section 122 of that Act of a body to which this section applies may be presented by the Lord Advocate to any court in Scotland having jurisdiction.

Commencement Information

I1S. 14 wholly in force at 27.7.1992 see s. 75(2) and S.I. 1992/1599, art.5, Sch. 3.

Marginal Citations

Yn ôl i’r brig

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