- Latest available (Revised)
- Original (As enacted)
This is the original version (as it was originally enacted).
4(1)The 2005 Act is modified as follows.
(2)In section 5 (determination of applications), after subsection (2), insert—
“(3)Despite subsection (2)(a), where—
(a)an applicant’s name falls within section 10 only because it is the same as, or too like, the name of a charity, and
(b)the application for entry in the Register is being made as part of a proposed charity merger (within the meaning of section 64A(2)) involving that charity,
OSCR is entitled, but not required, to refuse to enter the applicant on the grounds of the applicant’s name.”.
(3)In section 12 (power of OSCR to require charity to change name), after subsection (3), insert—
“(3A)But, for the purposes of subsection (3)(a), where—
(a)a charity's name falls within section 10 only because it is the same as, or too like, the name of another charity, and
(b)one of the charities was entered in the Register with that name by virtue of section 5(3),
OSCR may direct either one or both of the charities to change its name under subsection (3)(a) only if OSCR is satisfied that it is no longer appropriate for the names to be the same or so alike.”.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: