Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5) - Explanatory Notes

Explanatory Notes

Charities (Regulation and Administration) (Scotland) Act 2023

2023 asp 5

9 August 2023

Note on Interpretation Etc.

3. In these notes, the following abbreviations are used—

• “the 2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005,

• “OSCR” means the Office of the Scottish Charity Regulator,

• “the Register” means the Scottish Charity Register,

• “SCIO” means a Scottish Charitable Incorporated Organisation (this is a bespoke legal entity with limited liability status which is available only to charities; see Chapter 7 of Part 1 of the 2005 Act).

4. It is worth noting that text that an Act inserts into other enactments is interpreted in accordance with the interpretation legislation that applies to that enactment. As such, text inserted into the 2005 Act by this Act falls to be interpreted in accordance with the Scotland Act 1998 (Transitory and Transitional Provisions) (Publication and Interpretation etc. of Acts of the Scottish Parliament) Order 1999 (SI 1999/1379). Among other things, this provides default definitions for certain expressions (such as “person” and “writing”) and default rules for common situations (such as when something is presumed to arrive when it is sent by post).