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

3Scottish Charity Register

4Application for entry in Register

5Determination of applications

6Applications: further procedure

The charity test

7The charity test

8Public benefit

9Guidance on charity test

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

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

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

26False or misleading information etc.

27Disclosure of information: entitlement under other enactments etc.

Chapter 4Supervision of charities etc.

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

38Delegation of functions

Chapter 5Reorganisation of charities

39Reorganisation of charities: applications by charity

40Reorganisation of charities: applications by OSCR

41Approved schemes

42Reorganisation: supplementary

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.

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

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

66Charity trustees: general duties

67Remuneration for services

68Remuneration: supplementary

68ACharity trustees' indemnity insurance

Disqualification

69Disqualification from being charity trustee

70Disqualification: supplementary

70ZARecord of persons removed from office

70ZBSearching the record of removed persons

70AAppointment of charity trustees

Chapter 10Decisions: notices, reviews and appeals

Notice and effect of decisions

72Notice of decisions

73Effect of decisions

74Review of decisions

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

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

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

2Tenure and removal from office

4Chief executive and other staff

6Delegation of powers

7Validity of proceedings and acts

SCHEDULE 2Scottish Charity Appeals Panel

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

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)

Royal arms

Charities and Trustee Investment (Scotland) Act 2005

2005 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th June 2005 and received Royal Assent on 14th July 2005

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.