Charities and Trustee Investment (Scotland) Act 2005

SCHEDULE 1 S The Scottish Charity Regulator

(introduced by section 1)

Membership S

1 (1) The Scottish Charity Regulator (in this schedule referred to as “the Regulator”) is to consist of such number of members (but not fewer than 4) as the Scottish Ministers think fit.

(2) It is for the Scottish Ministers to appoint those members from amongst those persons appearing to them to have knowledge and skills relevant to the functions of OSCR.

(3) An individual is disqualified from appointment as, and from being, a member of the Regulator if the individual is—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the European Parliament,

(d) an office-holder in the Scottish Administration,

(e) an individual of such other description as may be prescribed by order by the Scottish Ministers.

Commencement Information

I1 Sch. 1 para. 1 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I2 Sch. 1 para. 1 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Tenure and removal from office S

2 (1) Each member of the Regulator—

(a) is to be appointed for such period as is specified in the appointment,

(b) may, by notice to the Scottish Ministers, resign as a member,

(c) in other respects, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,

(d) after ceasing to hold office, may be reappointed as a member.

(2) The Scottish Ministers may remove a member from office if satisfied—

(a) that the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract,

(b) that the member—

(i) has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or

(ii) is unable to discharge the member's functions as a member or is unsuitable to continue as a member, or

(c) that it is necessary or expedient to do so in connection with the management of the affairs of the Regulator.

Commencement Information

I3 Sch. 1 para. 2 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I4 Sch. 1 para. 2 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Chairing S

3 (1) The Scottish Ministers must appoint—

(a) one of the members of the Regulator to chair the Regulator, and

(b) another of those members to act as deputy to that member.

(2) A member appointed to chair the Regulator or to act as deputy to that member holds and vacates office as such in accordance with the terms of the appointment to that office.

(3) A member so appointed may, by notice to the Scottish Ministers, resign from office as such.

(4) A member so appointed vacates office as such on ceasing to be a member of the Regulator.

(5) Where a member—

(a) is appointed to chair the Regulator or to act as deputy to that member, or

(b) ceases to hold office as such,

the Scottish Ministers may vary the terms of the member's appointment as a member of the Regulator so as to alter the date on which office as a member is to be vacated.

Commencement Information

I5 Sch. 1 para. 3 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I6 Sch. 1 para. 3 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Chief executive and other staff S

4 (1) The Regulator —

(a) must appoint a chief executive, and

(b) may appoint such other employees as it considers appropriate.

(2) The terms and conditions of the chief executive and any other employees, and the number of any other employees, require the approval of the Scottish Ministers.

Commencement Information

I7 Sch. 1 para. 4 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I8 Sch. 1 para. 4 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Proceedings S

5 The quorum of the Regulator and the arrangements for its meetings are for the Regulator to determine.

Commencement Information

I9 Sch. 1 para. 5 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I10 Sch. 1 para. 5 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Delegation of powers S

6 (1) Anything authorised or required under any enactment to be done by the Regulator, whether or not as the holder of the Office of the Scottish Charity Regulator, may be done by any member or employee of the Regulator who is authorised (whether generally or specifically) for the purpose by it.

(2) Nothing in sub-paragraph (1) prevents the Regulator from doing anything that any of its members or employees has been authorised or required to do.

Commencement Information

I11 Sch. 1 para. 6 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I12 Sch. 1 para. 6 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

Validity of proceedings and acts S

7 The validity of any proceedings or acts of the Regulator is not affected by any—

(a) vacancy in its membership, or

(b) defect in the appointment of a member.

Commencement Information

I13 Sch. 1 para. 7 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I14 Sch. 1 para. 7 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

F1 SCHEDULE 2 S Scottish Charity Appeals Panel

(introduced by section 75)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F1 Sch. 2 repealed (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(3)

SCHEDULE 3 S Powers of trustees: consequential amendments

(introduced by section 95)

Judicial Factors Act 1849 (c. 51) S

1 In section 5 (judicial factor's duty to lodge in bank money held by factor etc.) of the Judicial Factors Act 1849, subsection (4) is repealed.

Commencement Information

I15 Sch. 3 para. 1 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Trusts (Scotland) Act 1921 (c. 58) S

2 In the Trusts (Scotland) Act 1921, sections 12 and 14 are repealed.

Commencement Information

I16 Sch. 3 para. 2 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Trusts (Scotland) Act 1961 (c. 57) S

3 In section 2(1) (validity of certain transactions by trustees etc.) of the Trusts (Scotland) Act 1961—

(a) for “(ee)” substitute “ (eb) ”,

(b) in the proviso, after “transaction” where it first occurs insert “ (other than a transaction such as is specified in paragraph (ea) of that subsection) ”.

Commencement Information

I17 Sch. 3 para. 3 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Trustee Investments Act 1961 (c. 62) S

4 (1) The Trustee Investments Act 1961 is amended as follows.

(2) Sections 1, 2, 5, 6, 12, 13 and 15 are repealed except in so far as they are applied by or under any other enactment.

(3) Section 3 and Schedules 2 and 3 are repealed, except in so far as they relate to a trustee having a power of investment conferred under an enactment—

(a) which was passed before the passing of the Trustee Investments Act 1961, and

(b) which is not amended by this schedule.

(4) Section 8 and paragraph 1(2) of Schedule 4 are repealed.

Commencement Information

I18 Sch. 3 para. 4 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

National Health Service (Scotland) Act 1978 (c. 29) S

5 In Schedule 7 (the Research Trust) to the National Health Service (Scotland) Act 1978, paragraph 4 is repealed.

Commencement Information

I19 Sch. 3 para. 5 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Education (Scotland) Act 1980 (c. 44) S

6 In section 105 (schemes for reorganisation of educational endowments) of the Education (Scotland) Act 1980, subsection (4D) is repealed.

Commencement Information

I20 Sch. 3 para. 6 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73) S

7 Section 54 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is repealed.

Commencement Information

I21 Sch. 3 para. 7 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) S

8 In Schedule 8 (amendments of enactments) to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, in paragraph 21, sub-paragraph (1)(b) and the preceding “and” are repealed.

Commencement Information

I22 Sch. 3 para. 8 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

Charities Act 1993 (c. 10) S

9 In the Charities Act 1993, the following provisions are repealed—

• sections 70 and 71,

• in section 86(2), the word “70” in paragraph (a), and paragraph (b),

• section 100(5).

Commencement Information

I23 Sch. 3 para. 9 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

SCHEDULE 4 S Minor and consequential amendments and repeals

(introduced by section 104)

Part 1 S Acts

Recreational Charities Act 1958 (c. 17) S

1 In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.

Commencement Information

I24 Sch. 4 para. 1 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9) S

2 (1) In section 4 (reduction and remission of rates payable by charitable and other organisations) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, for paragraph (a) of subsection (10) substitute—

“(a) “charity” means a body entered in the Scottish Charity Register,”.

(2) Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.

Commencement Information

I25 Sch. 4 para. 2 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Sex Discrimination Act 1975 (c. 65) S

F2 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F2 Sch. 4 para. 3 repealed (1.10.2010) by The Equality Act 2010 (Consequential Amendments, Saving and Supplementary Provisions) Order 2010 (S.I. 2010/2279), art. 1(2), Sch. 2 (see S.I. 2010/2317, art. 2)

Commencement Information

I26 Sch. 4 para. 3 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Education (Scotland) Act 1980 (c. 44) S

4 In section 122(1) of the Education (Scotland) Act 1980, for the definition of “charitable purposes” substitute—

““charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);”.

Commencement Information

I27 Sch. 4 para. 4 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Civic Government (Scotland) Act 1982 (c. 45) S

5 In the Civic Government (Scotland) Act 1982—

(a) in section 24(3), for paragraph (c) substitute—

“(c) the business of a charity (that is to say, a body which is entered in the Scottish Charity Register);”,

(b) in section 39(3)(f), for the words from “charitable” to the end of that paragraph substitute “ benevolent collection (within the meaning of section 84 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)). ”,

(c) section 119 (regulation of charitable collections) is repealed.

Commencement Information

I28 Sch. 4 para. 5(a) in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Companies Act 1985 (c. 6) S

F3 6 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F3 Sch. 4 para. 6 repealed (1.10.2009) by The Companies Act 2006 (Consequential Amendments, Transitional Provisions and Savings) Order 2009 (S.I. 2009/1941), art. 1(2), Sch. 2 (with art. 10)

Commencement Information

I29 Sch. 4 para. 6 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) S

7 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990—

(a) in section 1—

(i) subsections (4) to (6), and

(ii) the words which follow paragraph (b) in subsection (7),

are repealed,

(b) sections 2 to 8, 12 to 14 and 15(1) to (8) are repealed,

(c) in section 9(1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,

(d) in section 10—

(i) in subsection (1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,

(ii) subsections (6), (9)(b) and (11)(b) are repealed,

(e) in section 15(9)—

(i) after “affect” insert “—

(a)  ”,

(ii) at the end insert “; or

(b) any body entered in the Scottish Charity Register.”

Commencement Information

I30 Sch. 4 para. 7 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(1)(3)(4))

Prospective

Charities Act 1992 (c. 41) S

8 In Schedule 6 to the Charities Act 1992, paragraph 10 is repealed.

Further and Higher Education (Scotland) Act 1992 (c. 37) S

9 In section 19(3) of the Further and Higher Education (Scotland) Act 1992, for “within the meaning of the Income Tax Acts” substitute “ (within the meaning of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

Commencement Information

I31 Sch. 4 para. 9 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2

Tribunals and Inquiries Act 1992 (c. 53) S

10 In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 47 insert—

“Charities

47A Any Scottish Charity Appeals Panel constituted in accordance with section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).”

Commencement Information

I32 Sch. 4 para. 10 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Prospective

Local Government etc. (Scotland) Act 1994 (c. 39) S

11 In Schedule 13 to the Local Government etc. (Scotland) Act 1994, paragraph 129(16) is repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7) S

12 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, before the entry relating to “Scottish Children's Reporter Administration” insert— “ The Scottish Charity Regulator ”.

Commencement Information

I33 Sch. 4 para. 12 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Land Reform (Scotland) Act 2003 (asp 2) S

13 In the Land Reform (Scotland) Act 2003—

(a) in section 34(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”,

(b) in section 71(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”.

Commencement Information

I34 Sch. 4 para. 13 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4) S

14 In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, before the entry relating to the “Scottish Children's Reporter Administration” insert— “ Scottish Charity Regulator ”.

Commencement Information

I35 Sch. 4 para. 14 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Protection of Children (Scotland) Act 2003 (asp 5) S

F4 15 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F4 Sch. 4 para. 15 repealed (28.2.2011) by Protection of Vulnerable Groups (Scotland) Act 2007 (asp 14), s. 101(2), Sch. 4 para. 44 (with ss. 90, 99); S.S.I. 2011/157, art. 2(a) (with art. 5(2))

Part 2 S Subordinate legislation

Arable Area Payments Regulations 1996 (S.I. 1996/3142) S

16 In regulation 9(3)(h) of the Arable Area Payments Regulations 1996, for the words from “a”, where it second occurs, to the end of the paragraph substitute “ , in relation to Scotland, a body entered in the Scottish Charity Register ”.

Commencement Information

I36 Sch. 4 para. 16 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002 (S.S.I 2002/167) S

17 In regulation 2(1) of the Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002, in paragraph (i) of the definition of “net annual income”, for the words from “Scottish” to “1990” substitute “ body entered in the Scottish Charity Register ”.

Commencement Information

I37 Sch. 4 para. 17 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115) S

18 In the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—

(a) regulation 5(2)(k)(i), and

(b) paragraph 101(2)(m)(i) of schedule 5,

substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

Commencement Information

I38 Sch. 4 para. 18 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (S.S.I. 2004/116) S

19 In the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—

(a) regulation 3(2)(k)(i),

(b) paragraph 66(3)(l)(i) of schedule 1,

substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

Commencement Information

I39 Sch. 4 para. 19 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1