Charities and Trustee Investment (Scotland) Act 2005
Part 1Charities
Chapter 1Office of the Scottish Charity Regulator
1Office of the Scottish Charity Regulator
2Annual reports
Chapter 2Scottish Charity Register
The Register
3Scottish Charity Register
Applications
4Application for entry in Register
5Determination of applications
6Applications: further procedure
The charity test
7The charity test
8Public benefit
9Guidance on charity test
Charity names
10Objectionable names
11Change of name
12Power of OSCR in relation to charity names and working names
References to charitable status
13References to charitable status
14Exception for certain bodies not in Register
15References in documents
Changes
16Changes which require OSCR's consent
17Notification of changes
Removal from Register
18Removal from Register
19Removal from Register: protection of assets
Chapter 3Co-operation and information
Co-operation
20Co-operation
Information about charities
21Public access to Register
22Power of OSCR to obtain information from charities
23Entitlement to information about charities
Sharing information
24Disclosure of information by and to OSCR: public bodies or office-holders
24ADisclosure of information by and to OSCR: designated religious charities
25Removal of restrictions on disclosure of certain information
Supplemental
26False or misleading information etc.
27Disclosure of information: entitlement under other enactments etc.
Chapter 4Supervision of charities etc.
Inquiries
28Inquiries about charities etc.
29Power of OSCR to obtain information for inquiries
30Removal from Register of charity which no longer meets charity test
30ARemoval from Register where charity no longer has connection to Scotland
30BPowers of OSCR following inquiries: direction to take specified steps
31Powers of OSCR following inquiries: temporary suspension or restriction of conduct
32Suspensions and directions under section 31: procedure
33Reports on inquiries
Powers of Court of Session
34Powers of Court of Session
35Transfer schemes
36Powers in relation to English and Welsh charities
37Expenses
Supplemental
38Delegation of functions
Chapter 5Reorganisation of charities
39Reorganisation of charities: applications by charity
40Reorganisation of charities: applications by OSCR
41Approved schemes
42Reorganisation: supplementary
43Endowments
Chapter 5AReorganisation of restricted funds
43AReorganisation of restricted funds: applications by charity
43BReorganisations of restricted funds: applications by OSCR
43CApproved restricted funds reorganisation schemes
43DRestricted funds reorganisations: supplementary
Chapter 6Charity accounts
Duty to keep accounts etc.
44Accounts
45Failure to provide statement of account: preparation by appointed person
45AFailure to provide statement of account: removal from Register
Duty to report matters to OSCR
46Duty of auditors etc. to report matters to OSCR
Dormant charity accounts
47Dormant accounts of charities
48Dormant accounts of charities: procedure and interpretation
Duty to submit annual return
48AAnnual returns
Chapter 7Scottish charitable incorporated organisations
Nature and constitution
49Scottish charitable incorporated organisations
50Constitution and powers
51General duty of members of SCIO
52References in SCIO documents
53Offences etc.
Creation of SCIO and entry in Register
54Application for creation of SCIO
55Entry in Register
Conversion, amalgamation and transfer
56Conversion of charity which is a company or registered society: applications
57Determination of application for conversion
58Conversion: supplementary
59Amalgamation of SCIOs
60Amalgamation: supplementary
61Transfer of SCIO's undertaking
General
62Third parties
63Amendment of constitution
64Regulations relating to SCIOs
Chapter 7ACharity mergers
64AMeaning of “charity merger” etc.
64BNotification of charity mergers
64CRecord of charity mergers
64DLegacies: effect of charity merger being notified
64EPublic access to the record of charity mergers
Chapter 8Religious charities
65Designated religious charities
Chapter 9Charity trustees
General duties
66Charity trustees: general duties
Remuneration
67Remuneration for services
68Remuneration: supplementary
68ACharity trustees' indemnity insurance
Disqualification
69Disqualification from being charity trustee
70Disqualification: supplementary
Appointment
70AAppointment of charity trustees
Chapter 10Decisions: notices, reviews and appeals
Preliminary
71Decisions
Notice and effect of decisions
72Notice of decisions
73Effect of decisions
Reviews
74Review of decisions
Appeals
75Scottish Charity Appeals Panel
76Appeals to the First-tier Tribunal
77Reconsideration of decision remitted to OSCR
78Appeals to Court of Session
Part 2Fundraising for benevolent bodies
Preliminary
79Interpretation of Part 2
80Representation and solicitation
Control of fundraising
81Prohibition on professional fundraising without formal agreement
82Prevention of unauthorised fundraising
83Regulations about fundraising
Public benevolent collections
84Meaning of “public benevolent collection”
85Regulation of public benevolent collections
86Local authority consents
87Designated national collectors
88Appeals
89Application of funds
90Regulations relating to public benevolent collections
91Collection of goods
92Guidance on collections
Part 3Investment powers of trustees
93Extension of general powers of trustees
94Exercise of power of investment
95Amendments consequential on Part 3
Part 4General and supplementary
96Power of charity to participate in certain financial schemes
97Financial assistance for benevolent bodies
98Rate relief for registered community amateur sports clubs
99Population of Register etc.
100Notices, applications etc.
101Offences by bodies corporate etc.
102Ancillary provision
103Orders, regulations and rules
104Minor and consequential amendments and repeals
105Meaning of “control” etc.
106General interpretation
107Short title and commencement
SCHEDULE 1The Scottish Charity Regulator
1Membership
2Tenure and removal from office
3Chairing
4Chief executive and other staff
5Proceedings
6Delegation of powers
7Validity of proceedings and acts
SCHEDULE 2Scottish Charity Appeals Panel
1Panel members
2Tenure and removal from office
3Staff, property and services
4Rules of procedure
SCHEDULE 3Powers of trustees: consequential amendments
1Judicial Factors Act 1849 (c. 51)
2Trusts (Scotland) Act 1921 (c. 58)
3Trusts (Scotland) Act 1961 (c. 57)
4Trustee Investments Act 1961 (c. 62)
5National Health Service (Scotland) Act 1978 (c. 29)
6Education (Scotland) Act 1980 (c. 44)
7Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)
8Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
9Charities Act 1993 (c. 10)
SCHEDULE 4Minor and consequential amendments and repeals
Part 1Acts
1Recreational Charities Act 1958 (c. 17)
2Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)
3Sex Discrimination Act 1975 (c. 65)
4Education (Scotland) Act 1980 (c. 44)
5Civic Government (Scotland) Act 1982 (c. 45)
6Companies Act 1985 (c. 6)
7Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)
8Charities Act 1992 (c. 41)
9Further and Higher Education (Scotland) Act 1992 (c. 37)
10Tribunals and Inquiries Act 1992 (c. 53)
11Local Government etc. (Scotland) Act 1994 (c. 39)
12Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)
13Land Reform (Scotland) Act 2003 (asp 2)
14Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)
15Protection of Children (Scotland) Act 2003 (asp 5)
Part 2Subordinate legislation
16Arable Area Payments Regulations 1996 (S.I. 1996/3142)
17Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002 (S.S.I 2002/167)
18National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115)
19National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (S.S.I. 2004/116)

Charities and Trustee Investment (Scotland) Act 2005

2005 asp 10

An Act of the Scottish Parliament to make provision about charities and other benevolent bodies; to make provision about fundraising in connection with charities and other benevolent bodies; to amend the law in relation to the investment powers of trustees; and for connected purposes.

Annotations:
Modifications etc. (not altering text)