The Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007

Draft Order laid before the Scottish Parliament under section 103(5) of the Charities and Trustee Investment (Scotland) Act 2005 for approval by resolution of the Scottish Parliament.

Draft Scottish Statutory Instruments

2007 No.

CHARITIES

The Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007

Made

2007

Coming into force

30th November 2007

The Scottish Ministers make the following Order in exercise of the powers conferred by section 19(8) and (9) of the Charities and Trustee Investment (Scotland) Act 2005(1) and all other powers enabling them to do so.

In accordance with section 103(5) of that Act, a draft of this instrument has been laid before and approved by resolution of the Scottish Parliament.

Citation and commencement

1.  This Order may be cited as the Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007 and comes into force on 30th November 2007.

Amendment of the Protection of Charities Assets (Exemption) (Scotland) Order 2006

2.—(1) The Protection of Charities Assets (Exemption) (Scotland) Order 2006(2) is amended as follows.

(2) In article 2, omit “and” from paragraph (a).

(3) In article 2, after paragraph (b) insert–

“and

(c) the Scottish Agricultural College and its Board of Directors.”.

(4) In Part 2 of the Schedule–

(a) after “The Board of Management of Cardonald College”, insert “The Board of Management of Carnegie College”;

(b) for “The Board of Management of Jewel and Esk Valley College”, substitute “The Board of Management of Jewel and Esk College”;

(c) omit “The Board of Management of Lauder College”; and

(d) for “The Board of Management of Oatridge Agricultural College”, substitute “The Board of Management of Oatridge College”.

(5) In Part 3 of the Schedule–

(a) for “Queen Margaret University College” and “Governing Body”, substitute “Queen Margaret University, Edinburgh” and “University Court”;

(b) for “The Governors” of The Robert Gordon University, substitute “The Board”;

(c) omit “University of Paisley” and “University Court”; and

(d) after “University of Strathclyde” and “University Court”, insert “University of the West of Scotland” and “University Court”.

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2007

Explanatory Note

(This note is not part of the Order)

The Protection of Charities Assets (Exemption) (Scotland) Order 2006 (“the principal Order”) disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 in relation to the property owned by the bodies listed in the Schedule to the principal Order.

This Order updates and adds to the list of bodies by amending the Schedule to the principal Order. Article 2(2) and 2(3) amends article 2 of the principal Order in order to add the Scottish Agricultural College.

Article 2(4) addresses the changes of name, respectively, of Lauder College to Carnegie College, Jewel and Esk Valley College to Jewel and Esk College and Oatridge Agricultural College to Oatridge College.

Article 2(5) addresses the changes of name of Queen Margaret University College to Queen Margaret University, Edinburgh and the change of name of its governing body, the change of name of the governing body of The Robert Gordon University and the change of name of the University of Paisley to the University of the West of Scotland.

(1)

2005 asp 10.

(2)

S.S.I. 2006/220.