Charities and Trustee Investment (Scotland) Act 2005

19 Removal from Register: protection of assets S

(1) A body removed from the Register (under section 18 or otherwise) continues to be under a duty to apply—

(a) any property previously acquired, or any property representing property previously acquired,

(b) any property representing income which has previously accrued, and

(c) the income from any such property,

in accordance with its purposes as set out in its entry in the Register immediately before its removal.

(2) Despite the removal of a body from the Register, the provisions of this Part set out in subsection (3) continue to apply to the body, but only so far as they relate to property and income referred to in subsection (1).

(3) Those provisions are—

(a) in Chapter 4—

• sections 28 and 29,

• section 31(1) to (3) and (5) to (9),

• section 32,

• section 33(2) to (5),

• section 34(1) to (3), (5)(a) to (c) and (f) to (h), (7) and (10)(b), and

• section 37, and

(b) in Chapter 6, sections 44 and 45.

(4) The Court of Session may, on an application by OSCR, approve a scheme prepared by OSCR in accordance with regulations made by the Scottish Ministers for the transfer to a charity specified in the scheme of any property or income which a body removed from the Register is required to apply in accordance with subsection (1).

[F1 (4A) OSCR must consult the Scottish Housing Regulator before making an application under subsection (4) in relation to a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 17)).]

(5) The court may approve such a scheme only if it is satisfied—

(a) that it is necessary or desirable to act for the purpose of protecting the property or income to which the scheme relates or securing a proper application of such property or income for the purposes which were set out in the body's entry in the Register immediately before its removal, and

(b) that those purposes would be better achieved by transferring the property and income to a charity.

(6) The court may approve a scheme under subsection (5) subject to modifications.

(7) A charity receiving property or income in pursuance of a scheme approved under subsection (5) may apply that property or income for its purposes as it thinks fit.

(8) The Scottish Ministers may by order disapply subsections (1) to (7) in relation to any property specified in the order.

(9) An order under subsection (8) may make provision in relation to particular items or types of property or in relation to property owned by particular persons.

(10) It is not competent for such order to make provision in relation to property which is not owned by a charity on the day the order takes effect.

Textual Amendments

F1 S. 19(4A) inserted (1.4.2012) by Housing (Scotland) Act 2010 (asp 17), s. 166(2), Sch. 2 para. 13(2); S.S.I. 2012/39, art. 2, Sch. 1 (with Sch. 2) (as amended (1.4.2012) by S.S.I. 2012/91, art. 4)

Modifications etc. (not altering text)

C1 S. 19(1)-(7) excluded (24.4.2006) by Protection of Charities Assets (Exemption) (Scotland) Order 2006 (S.S.I. 2006/220), arts. 1, 2

Commencement Information

I1 S. 19 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I2 S. 19 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2