- Latest available (Revised)
- Original (As made)
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
11.—(1) The matters that Ministers must have regard to when considering under section 39(3)(ab)(1) of the Act, as read with section 39(7)(c)(2) of the Act, whether a community body is similar to another community body to a significant degree are—
(a)whether any person who is a director, charity trustee or officer of the community body making the application to register a community interest in land is also a director, charity trustee or officer of another community body;
(b)whether any member of the community body making the application to register a community interest in land is also a member of another community body;
(c)the extent to which the purposes of each community body, as set out in its memorandum, articles of association, constitution or registered rules, are similar;
(d)the extent to which the definitions of the communities to which each community body relates are similar, being the definitions included in each community body’s articles of association, constitution or registered rules for the purposes of section 34(1)(a)(3), (1A)(a)(4) or (1B)(a)(5) of the Act as the case may be;
(e)the date on which each community body was formed (in the case of a company limited by guarantee), constituted (in the case of a Scottish charitable incorporated organisation) or registered (in the case of a community benefit society); and
(f)where applicable, the date on which one of the community bodies was dissolved (in the case of a company limited by guarantee or community benefit society) or removed from the Scottish Charity Register (in the case of a Scottish charitable incorporated organisation).
(2) For the purposes of paragraph (1)—
“director” means any person occupying the position of director of a company limited by guarantee, by whatever name called;
“charity trustee” means a person having general control and management of the administration of a Scottish charitable incorporated organisation; and
“officer” means, in relation to a community benefit society, any treasurer, secretary, member of the committee, manager or employee of the society.
Section 39(3)(ab) is substituted by section 42(4) of the 2015 Act.
Section 39(7)(c) is inserted by section 42(9) of the 2015 Act.
Section 34(1) is amended by section 37(3) of the 2015 Act.
Section 34(1A)(a) is inserted by section 37(4) of the 2015 Act.
Section 34(1B)(a) is inserted by section 37(4) of the 2015 Act.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Policy Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2012 onwards. Prior to this date these type of notes existed as ‘Executive Notes’ and accompanied Scottish Statutory Instruments from July 2005 until July 2012.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: