- Latest available (Revised)
- Point in Time (31/05/2007)
- Original (As enacted)
Version Superseded: 01/10/2009
Point in time view as at 31/05/2007. This version of this schedule contains provisions that are prospective.
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
Charities and Trustee Investment (Scotland) Act 2005, SCHEDULE 4 is up to date with all changes known to be in force on or before 28 August 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.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(introduced by section 104)
1In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.
Commencement Information
I1Sch. 4 para. 1 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
2(1)In section 4 (reduction and remission of rates payable by charitable and other organisations) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, for paragraph (a) of subsection (10) substitute—
“(a)“charity” means a body entered in the Scottish Charity Register,”.
(2)Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.
Commencement Information
I2Sch. 4 para. 2 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
3(1)In section 79(1) of the Sex Discrimination Act 1975—
(a)for “Part VI” substitute “ section 104 ”,
(b)in paragraph (a), for “that Part” substitute “ Part VI ”,
(c)after paragraph (a), insert—
“(aa)in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)”,
(d)in paragraph (b)—
(i)for “that Act” substitute “ the Education (Scotland) Act 1980 ”,
(ii)after “endowment”, where second occurring, insert “ (or which would, but for the disapplication of that section by section 122(4) of that Act, be so dealt with) ”.
(2)At the end of section 79(5) of that Act insert “ or, in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.
Commencement Information
I3Sch. 4 para. 3 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
4In section 122(1) of the Education (Scotland) Act 1980, for the definition of “charitable purposes” substitute—
““charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);”.
Commencement Information
I4Sch. 4 para. 4 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
5In the Civic Government (Scotland) Act 1982—
(a)in section 24(3), for paragraph (c) substitute—
“(c)the business of a charity (that is to say, a body which is entered in the Scottish Charity Register);”,
(b)in section 39(3)(f), for the words from “charitable” to the end of that paragraph substitute “ benevolent collection (within the meaning of section 84 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)). ”,
(c)section 119 (regulation of charitable collections) is repealed.
Commencement Information
I5Sch. 4 para. 5(a) in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
6In section 380 of the Companies Act 1985, after subsection (4) insert—
“((4ZA))This section does not, despite paragraphs (a) to (c) of subsection (4), apply to any resolution of a company which is—
(a)registered as a company in Scotland, and
(b)entered in the Scottish Charity Register,
where that resolution is of either of the types mentioned in section 56(5) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).”
Commencement Information
I6Sch. 4 para. 6 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
7In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990—
(a)in section 1—
(i)subsections (4) to (6), and
(ii)the words which follow paragraph (b) in subsection (7),
are repealed,
(b)sections 2 to 8, 12 to 14 and 15(1) to (8) are repealed,
(c)in section 9(1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,
(d)in section 10—
(i)in subsection (1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,
(ii)subsections (6), (9)(b) and (11)(b) are repealed,
(e)in section 15(9)—
(i)after “affect” insert “—
(a) ”,
(ii)at the end insert “; or
(b)any body entered in the Scottish Charity Register.”
Commencement Information
I7Sch. 4 para. 7 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(1)(3)(4))
Prospective
8In Schedule 6 to the Charities Act 1992, paragraph 10 is repealed.
9In section 19(3) of the Further and Higher Education (Scotland) Act 1992, for “within the meaning of the Income Tax Acts” substitute “ (within the meaning of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.
Commencement Information
I8Sch. 4 para. 9 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
10In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 47 insert—
47AAny Scottish Charity Appeals Panel constituted in accordance with section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).”
Commencement Information
I9Sch. 4 para. 10 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
Prospective
11In Schedule 13 to the Local Government etc. (Scotland) Act 1994, paragraph 129(16) is repealed.
12In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, before the entry relating to “Scottish Children's Reporter Administration” insert— “ The Scottish Charity Regulator ”.
Commencement Information
I10Sch. 4 para. 12 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
13In the Land Reform (Scotland) Act 2003—
(a)in section 34(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”,
(b)in section 71(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”.
Commencement Information
I11Sch. 4 para. 13 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
14In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, before the entry relating to the “Scottish Children's Reporter Administration” insert— “ Scottish Charity Regulator ”.
Commencement Information
I12Sch. 4 para. 14 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
15In paragraph 12 of schedule 2 to the Protection of Children (Scotland) Act 2003, for the definition of “charity” substitute—
““charity” means a body entered in the Scottish Charity Register;”.
Commencement Information
I13Sch. 4 para. 15 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
16In regulation 9(3)(h) of the Arable Area Payments Regulations 1996, for the words from “a”, where it second occurs, to the end of the paragraph substitute “ , in relation to Scotland, a body entered in the Scottish Charity Register ”.
Commencement Information
I14Sch. 4 para. 16 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
17In regulation 2(1) of the Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002, in paragraph (i) of the definition of “net annual income”, for the words from “Scottish” to “1990” substitute “ body entered in the Scottish Charity Register ”.
Commencement Information
I15Sch. 4 para. 17 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
18In the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—
(a)regulation 5(2)(k)(i), and
(b)paragraph 101(2)(m)(i) of schedule 5,
substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.
Commencement Information
I16Sch. 4 para. 18 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
19In the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—
(a)regulation 3(2)(k)(i),
(b)paragraph 66(3)(l)(i) of schedule 1,
substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.
Commencement Information
I17Sch. 4 para. 19 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: