Part 1Charities

Chapter 2Scottish Charity Register

References to charitable status

13References to charitable status

1

A body entered in the Register may refer to itself as a “charity”, a “charitable body”, a “registered charity” or a “charity registered in Scotland”.

2

If such a body is established under the law of Scotland, or is managed or controlled wholly or mainly in or from Scotland, it may also refer to itself as a “Scottish charity” or a “registered Scottish charity”.

3

A body which refers to itself in any of the ways described in subsection (1) is to be treated as representing itself as a body entered in the Register.

4

A body which refers to itself in any of the ways described in subsection (2) is to be treated as representing itself—

a

as a body entered in the Register, and

b

as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland.

14Exception for certain bodies not in Register

A body which is not entered in the Register may, despite section 13, refer to itself as a “charity” without being treated as representing itself as a charity if, and only if—

a

it is—

i

established under the law of a country or territory other than Scotland,

ii

entitled to refer to itself as a “charity” (by any means or in any language) in that country or territory, and

iii

managed or controlled wholly or mainly outwith Scotland,

b

it does not—

i

occupy any land or premises in Scotland, or

ii

carry out activities in any office, shop or similar premises in Scotland, and

c

in making that reference, it also refers to being established under the law of a country or territory other than Scotland.

15References in documents

1

The Scottish Ministers may by regulations require each body entered in the Register to state, in legible characters—

a

that it is a charity,

b

such other information as may be specified in the regulations,

on such documents issued or signed on behalf of the charity as may be so specified.

2

Such regulations may—

a

exempt charities, or charities of a particular type, from any of the requirements imposed by the regulations,

b

provide that any statement required by them may, in the case of documents which are otherwise wholly or mainly in a language other than English, be made in that other language.