Charities and Trustee Investment (Scotland) Act 2005 (asp 10)

F1 Part 1 S Charities

Textual Amendments

F1 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 4 S Supervision of charities etc.

Powers of Court of Session S

36 Powers in relation to English and Welsh charities S

(1) Subsection (2) applies where the [F2 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—

[F3 (a) which is registered as a charity in England and Wales in accordance with section 30 of the Charities Act 2011, or]

[F3 (b) which, by virtue of subsection (2) of that section, 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

F2 Words 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.

F3 S. 36(1)(a)(b) substituted (14.3.2012) by Charities Act 2011 (c. 25), s. 355, Sch. 7 para. 106 (with s. 20(2), Sch. 8)

Commencement Information

I1 S. 36 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1