Public Services Reform (Scotland) Act 2010

124 Reorganisation of charities S

(1) In section 39 of the 2005 Act (reorganisation of charities: applications by charity)—

(a) in subsection (1)(b)(ii), after “paragraph (c)” insert “ or (d) ”,

(b) after subsection (1) insert—

“(1A) But OSCR must not approve a reorganisation scheme where—

(a) the reorganisation condition satisfied is that set out in section 42(2)(d), and

(b) the proposed provision would enable the charity to make amendments to its constitution which would not be consistent with the spirit of the constitution.”.

(2) In section 40 of that Act (reorganisation of charities: applications by OSCR)—

(a) in subsection (1)(b)(ii), after “paragraph (c)” insert “ or (d) ”,

(b) after subsection (2) insert—

“(2A) But the Court of Session must not approve a reorganisation scheme where—

(a) the reorganisation condition satisfied is that set out in section 42(2)(d), and

(b) the proposed provision would enable the charity to make amendments to its constitution which would not be consistent with the spirit of the constitution.”.

(3) In section 42(2) of that Act (reorganisation: supplementary)—

(a) the word “and” immediately following paragraph (b) is repealed, and

(b) after paragraph (c) insert “, and

(d) that it is desirable to introduce a provision (other than a provision setting out a new purpose) to a charity's constitution.”.

Commencement Information

I1 S. 124 in force at 1.8.2010 by S.S.I. 2010/221, art. 3(2), Sch.