F2Part 1Charities

Annotations:
Amendments (Textual)
F2

Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

Chapter 4Supervision of charities etc.

Inquiries

I130Removal from Register of charity which no longer meets charity test

1

Where it appears to OSCR, as a result of inquiries under section 28, that a charity no longer meets the charity test it must—

a

direct the charity to take, within such period as may be specified in the direction, such steps as OSCR considers necessary for the purposes of meeting the charity test, or

b

remove the charity from the Register.

2

Steps specified in a direction under subsection (1)(a) may include applying to OSCR for approval under section 39 of a reorganisation scheme in relation to the charity's constitution.

F12A

The power of OSCR to give a direction under subsection (1)(a) includes the power to—

a

vary the direction, but only by—

i

extending the time period specified in the direction, or

ii

removing steps which the charity is required to take, or

b

revoke such a direction.

3

OSCR must, if a charity fails to comply with a direction under subsection (1)(a), remove the charity from the Register.