F1Part 1Charities
Chapter 2Scottish Charity Register
Charity names
I110Objectionable names
1
A body's name falls within this section if it is—
a
the same as, or too like, the name F4or working name of a charity,
b
likely to mislead the public as to the true nature of the purposes of the body or of the activities which it carries on, or intends to carry on, in pursuit of those purposes,
c
likely to give the impression that the body is connected in some way to the Scottish Administration, Her Majesty's Government in the United Kingdom or any local authority, or with any other person, when it is not so connected, or
d
offensive.
2
The reference in subsection (1)(b) to a body's purposes are—
a
in the case of an applicant, the purposes set out in the statement accompanying its application,
b
in the case of a charity, the purposes set out in its entry in the Register, and
c
in the case of an SCIO proposed in an application under section 54(1), 56(1) or 59(1), the purposes set out in the SCIO's proposed constitution accompanying the application.
F33
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.
I211Change of name
1
A charity may change its name only with OSCR's consent.
2
A charity which proposes to change its name must F7... give notice to OSCR specifying its proposed new name.
3
Unless OSCR, within 28 days of the date on which a notice is given under subsection (2) F8—
a
refuses its consent, or
b
directs the charity not to change its name to that proposed new name for a period of not more than 6 months specified in the direction,
F9OSCR is to be taken as having given its consent.
F53A
A direction under subsection (3)(b)—
a
may be revoked at any time,
b
may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
3B
Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—
a
give its consent, whether or not subject to conditions, or
b
refuse its consent.
4
OSCR may refuse to consent to a charity changing its name only where
b
it is unable, after making reasonable inquiries, to satisfy itself that the proposed new name does not fall within section 10.
F65
OSCR may, at the request of a charity, grant consent to a different proposed new name than that specified by the charity in the notice given by it under subsection (2).
I312F2Power of OSCR in relation to charity names and working names
1
A charity may, if it considers that the name F19or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.
2
OSCR must, if satisfied following such a review that the names of two charities are too alike, direct either one or both of the charities to change its name.
F132A
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.
F183
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.
F123A
But, for the purposes of subsection (3)(a), where—
a
a charity's name falls within section 10 only because it is the same as, or too like, the name of another charity, and
b
one of the charities was entered in the Register with that name by virtue of section 5(3),
OSCR may direct either one or both of the charities to change its name under subsection (3)(a) only if OSCR is satisfied that it is no longer appropriate for the names to be the same or so alike.
F143B
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.
4
Section 11 applies in relation to a change of name in compliance with a direction under this section F16to change name (and the charity directed must give notice of its proposed new name under subsection (2) of that section within such period as may be specified in the direction).
C15
OSCR must remove from the Register any charity which fails to comply with a direction F17to change name under this section.
F156
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).
Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2