Charities and Trustee Investment (Scotland) Act 2005

[F130BPowers of OSCR following inquiries: direction to take specified stepsS
This section has no associated Explanatory Notes

(1)This section applies where it appears to OSCR, as a result of inquiries under section 28—

(a)that there has been misconduct in the administration of—

(i)a charity, or

(ii)a body controlled by a charity, or

(b)that it is necessary or desirable to act for the purpose of protecting the property of a charity or securing a proper application of such property for its purposes.

(2)OSCR may direct the charity or body to take, within such period as may be specified in the direction, such steps (specified in the direction) as OSCR considers to be expedient in the interests of the charity.

(3)The power of OSCR to give a direction under subsection (2) includes the power to—

(a)vary the direction, but only by—

(i)extending the time period specified in the direction,

(ii)removing steps which the charity or body is required to take,

(b)revoke the direction,

(c)give more than one direction under that subsection in respect of the same inquiries (in addition to any direction that may be given under section 31).

(4)A direction under subsection (2)—

(a)may require steps to be taken whether or not they would otherwise be within the powers exercisable by the charity or body, but

(b)may not require any steps to be taken which are—

(i)prohibited by any enactment,

(ii)expressly prohibited by the constitution of the charity or (as the case may be) body, or

(iii)inconsistent with the charity’s purposes.

(5)Anything done by a charity or body under the authority of a direction under subsection (2) is to be treated as properly done in the exercise of the powers exercisable by it.

(6)Subsection (5) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such a direction.]

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