Charities and Trustee Investment (Scotland) Act 2005

53 Offences etc.

(1) A charity trustee of a SCIO or a person on the SCIO’s behalf who—

(a) issues, or authorises the issue of, any document referred to in subsection (1)(a) of section 52, or

(b) signs, or authorises the signature on behalf of the SCIO of, any document referred to in subsection (1)(b) of that section,

which does not comply with subsections (1) and (3) of that section is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

(2) OSCR may direct—

(a) any body which is not a SCIO and which is representing itself as being a SCIO,

(b) any person who is representing that any such body is a SCIO,

to stop doing so by such date as OSCR may direct.

(3) The Court of Session may, on an application by OSCR, interdict—

(a) any body which is not a SCIO from representing itself as a SCIO,

(b) a person who is representing that such a body is a SCIO from doing so.

(4) OSCR may not apply for such an interdict against a body or person unless the body or person has failed to comply with a direction under subsection (2).