The Charities References in Documents (Scotland) Regulations 2007

Scottish Statutory Instruments

2007 No. 203

CHARITIES

The Charities References in Documents (Scotland) Regulations 2007

Made

6th March 2007

Laid before the Scottish Parliament

8th March 2007

Coming into force

1st April 2007

The Scottish Ministers, in exercise of the powers conferred by section 15 and 103(2) of the Charities and Trustee Investment (Scotland) Act 2005(1) and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1.  These Regulations may be cited as the Charities References in Documents (Scotland) Regulations 2007 and shall come into force on 1st April 2007.

Required information

2.—(1) A body entered in the Scottish Charity Register must state, in legible characters–

(a) the registered number allocated to it by OSCR(2) as part of the registration process;

(b) its name as entered in the Scottish Charity Register;

(c) any other name by which it is commonly known; and

(d) where the name entered in the Scottish Charity Register does not include “charity” or “charitable”, that it is a charity by using one of the terms referred to in section 13(1) or (2) of the Charities and Trustee Investment (Scotland) Act 2005,

on all documents listed in regulation 4 and which are issued or signed on behalf of the charity after 31st March 2008.

(2) Where a body is entered in the Scottish Charity Register after 30th September 2007, this regulation shall apply to documents listed in regulation 4 and which are issued or signed on behalf of the charity after the date which is 6 months after entry in the Register.

Language used

3.  Where a document is wholly in a language other than English, the information required by regulation 2 may be in that other language.

Specified documents

4.  The documents referred to in regulation 2 are–

(a) business letters and e-mails;

(b) advertisements, notices and official publications;

(c) any document which solicits money or other property for the benefit of the charity;

(d) bills of exchange, promissory notes, endorsements and orders for money or goods;

(e) bills rendered;

(f) invoices, receipts and letters of credit;

(g) statements of account prepared in accordance with either regulation 8, 9 or 14 of the Charities Accounts (Scotland) Regulations 2006(3);

(h) educational or campaign documentation;

(i) conveyances which provide for the creation, transfer, variation or extinction of an interest in land;

(j) contractual documentation.

RHONA BRANKIN

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

6th March 2007

Explanatory Note

(This note is not part of the Regulations)

These Regulations set out the information that charities must include on certain documents.

Regulation 2 sets out the information which a charity requires to include in documents issued after 31st March 2008. The relevant documents are listed in regulation 4. Where a charity is entered in the Scottish Charity Register after 30th September 2007, the information specified in regulation 2 shall be included in documents issued six months after the date the charity is registered.

Regulation 3 provides that the information referred to in regulation 2 may, where the document is wholly in a language other than English, be in that other language.

(1)

2005 asp 10.

(2)

“OSCR” is defined in section 1 of the Charities and Trustee Investment (Scotland) Act 2005.

(3)

S.S.I. 2006/218