- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Gwreiddiol (Fel y'i Deddfwyd)
Charities and Trustee Investment (Scotland) Act 2005, Cross Heading: Applications is up to date with all changes known to be in force on or before 14 September 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.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
An application for entry in the Register must—
(a)state the name of the body making the application (the “applicant”),
(b)state the principal office of the applicant or, where it does not have such an office, the name and address of one of the persons who, if the applicant is entered in the Register, will be its charity trustees,
(c)be accompanied by—
(i)a statement of the applicant's purposes,
(ii)a copy of the applicant's constitution, and
(iii)the applicant's most recent statement of account (if any), and
(d)contain such other information, and be accompanied by such other documents, as may be—
(i)required by regulations under section 6(1), or
(ii)otherwise requested by OSCR.
Commencement Information
I1S. 4 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
(1)OSCR may enter an applicant in the Register only if it considers that the applicant meets the charity test.
(2)OSCR must refuse to enter an applicant if—
(a)it considers that the applicant's name falls within section 10, or
[F1(aa)it considers that it would not be appropriate for it to regulate the applicant because the applicant has or will have no or negligible connection to Scotland,]
(b)the application must, by virtue of regulations under section 6(1), be refused,
but must not otherwise refuse to enter an applicant which it considers meets the charity test.
[F2(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.]
[F3(4)For the purpose of subsection (2)(aa), in considering, in all the circumstances, what connection (if any) the applicant has or will have to Scotland, OSCR must have regard to the following factors—
(a)whether the applicant has (or intends to have) a principal office in Scotland,
(b)whether the applicant occupies (or intends to occupy) any land or premises in Scotland,
(c)whether the applicant carries out (or intends to carry out) activities in any office, shop or similar premises in Scotland,
(d)whether the applicant is established under the law of Scotland,
(e)whether any of the persons who are (or are to be) concerned in the management or control of the applicant are resident in Scotland,
(f)any other relevant factor.
(5)The Scottish Ministers may by regulations modify this section to make provision about the factors which are or are not relevant for the purpose of subsection (2)(aa).]
Textual Amendments
F1S. 5(2)(aa) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(3)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
F2S. 5(3) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 4(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F3S. 5(4)(5) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(3)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
Commencement Information
I2S. 5 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
(1)The Scottish Ministers may by regulations make such further provision in relation to the procedure for applying and determining applications for entry in the Register (including applications under section 54(1), 56(1) and 59(1)) as they think fit.
(2)Such regulations may in particular make provision about—
(a)information and documents which must be specified in or accompany an application,
(b)the form and manner in which applications must be made,
(c)the period within which OSCR must make a decision on an application, and
(d)circumstances in which OSCR must refuse to enter a body in the Register.
Commencement Information
I3S. 6 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1
I4S. 6 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
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.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys