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Charities and Trustee Investment (Scotland) Act 2005

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Part 1 SActs

Recreational Charities Act 1958 (c. 17)S

1In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.

Commencement Information

Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)S

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(2)Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.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

Sex Discrimination Act 1975 (c. 65)S

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

Education (Scotland) Act 1980 (c. 44)S

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

Civic Government (Scotland) Act 1982 (c. 45)S

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

Companies Act 1985 (c. 6)S

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

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)S

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

Prospective

Charities Act 1992 (c. 41)S

8In Schedule 6 to the Charities Act 1992, paragraph 10 is repealed.

Further and Higher Education (Scotland) Act 1992 (c. 37)S

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

Tribunals and Inquiries Act 1992 (c. 53)S

10In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 47 insert—

Charities

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

Prospective

Local Government etc. (Scotland) Act 1994 (c. 39)S

11In Schedule 13 to the Local Government etc. (Scotland) Act 1994, paragraph 129(16) is repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)S

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

Land Reform (Scotland) Act 2003 (asp 2)S

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

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)S

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

Protection of Children (Scotland) Act 2003 (asp 5)S

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

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