Charities and Trustee Investment (Scotland) Act 2005

12[F1Power of OSCR in relation to charity names and working names]S
This section has no associated Explanatory Notes

(1)A charity may, if it considers that the name [F2or 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.

[F3(2A)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.]

[F4(3)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.]

[F5(3A)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.]

[F6(3B)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 [F7to 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).

(5)OSCR must remove from the Register any charity which fails to comply with a direction [F8to change name] under this section.

[F9(6)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).]

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 12 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2