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Charities and Trustee Investment (Scotland) Act 2005
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Changes over time for: Section 36
Version Superseded: 31/01/2009
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- 01/04/2006- Amendment
- 27/02/2007- Amendment
- 01/10/2007
Point in time - 31/01/2009- Amendment
- 14/03/2012- Amendment
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Charities and Trustee Investment (Scotland) Act 2005, Section 36 is up to date with all changes known to be in force on or before 04 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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36Powers in relation to English and Welsh charitiesS
This section has no associated Explanatory Notes
(1)Subsection (2) applies where the [F1 Charity Commission for England and Wales informs ] OSCR that a relevant financial institution or other person in Scotland holds moveable property on behalf of a body—
(a)which is registered as a charity in England and Wales under section 3 of the Charities Act 1993 (c. 10), or
(b)which, by virtue of section 3(5) of that Act, is not required to register as a charity under that section.
(2)The Court of Session may, on an application by OSCR, make an order requiring the relevant financial institution or other person not to part with the property without the court's consent.
(3)An order under subsection (2) may be made subject to conditions and may be varied or recalled.
(4)Where the court has made an order under subsection (2) and, on an application by OSCR, it is satisfied as to the matters set out in subsection (5) it may transfer the property to a charity specified in the application—
(a)which has purposes which are the same as or which resemble closely the purposes of the body whose property is transferred, and
(b)which has intimated that it is prepared to receive the property.
(5)Those matters are—
(a)that there has been misconduct in the administration of the body, and
(b)that it is necessary or desirable to transfer the property for the purpose of protecting it or securing a proper application of it for the purposes of the body from which it is to be transferred.
Textual Amendments
F1Words in s. 36(1) substituted (27.2.2007) by Charities Act 2006 (c. 50), s. 79(2), Sch. 8 para. 210(a); S.I. 2007/309, art. 2, Sch.
Commencement Information
I1S. 36 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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