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Charities and Trustee Investment (Scotland) Act 2005
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Charities and Trustee Investment (Scotland) Act 2005, Section 1 is up to date with all changes known to be in force on or before 27 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 3(3)(aa) inserted by 2023 asp 5 s. 2(2)(a)
- s. 17(1)(ba) inserted by 2023 asp 5 s. 3(2)
- s. 44(1)(ca) inserted by 2023 asp 5 s. 10(2)(a)(i)
- s. 44(4A) inserted by 2023 asp 5 s. 10(2)(b)
- s. 45B and cross-heading inserted by 2023 asp 5 s. 10(3)
- s. 66A and cross-heading inserted by 2023 asp 5 s. 3(3)
- s. 69(2)(a)(ai) inserted by 2023 asp 5 s. 4(2)(a)(i)
- s. 69(2)(b)(i) words in s. 69(2)(b) renumbered as s. 69(2)(b)(i) by 2023 asp 5 s. 5(2)(a)(i)
- s. 69(2)(b)(i) words inserted by 2023 asp 5 s. 5(2)(a)(ii)
- s. 69(2)(b)(ii) inserted by 2023 asp 5 s. 5(2)(a)(iii)
- s. 69(2)(f)-(i) inserted by 2023 asp 5 s. 5(2)(d)
- s. 69(2)(da)(db) inserted by 2023 asp 5 s. 5(2)(c)
- s. 69(2A) inserted by 2023 asp 5 s. 5(3)(b)
- s. 69(3A) inserted by 2023 asp 5 s. 5(3)(c)
- s. 69(7) inserted by 2023 asp 5 s. 5(3)(e)
- s. 69A inserted by 2023 asp 5 s. 4(3)
- s. 69B inserted by 2023 asp 5 s. 6(2)
- s. 70(4)-(6) inserted by 2023 asp 5 s. 5(4)(b)
- s. 103(5)(ca) inserted by 2023 asp 5 s. 5(5)
- s. 103(5)(cb) inserted by 2023 asp 5 s. 4(4)
1Office of the Scottish Charity RegulatorS
This section has no associated Explanatory Notes
(1)There is to be an office to be known as the Office of the Scottish Charity Regulator.
(2)There is established a body corporate, to be known as the Scottish Charity Regulator, which is to be the holder of that office.
(3)That office-holder is referred to in this Act as “OSCR”.
(4)OSCR has the functions conferred on it by or under this Act and any other enactment.
(5)OSCR's general functions are—
(a)to determine whether bodies are charities,
(b)to keep a public register of charities,
(c)to encourage, facilitate and monitor compliance by charities with the provisions of this Act,
(d)to identify and investigate apparent misconduct in the administration of charities and to take remedial or protective action in relation to such misconduct, and
(e)to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR's functions.
(6)OSCR may do anything (whether in Scotland or elsewhere) which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.
(7)Subsection (6) does not enable OSCR to do anything in contravention of any express prohibition, restriction or limitation on its powers which is contained in any enactment (including this Act).
(8)OSCR must perform its functions in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.
(9)In performing its functions OSCR must, so far as relevant, have regard to—
(a)the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted only at cases in which action is needed, and
(b)any other principle appearing to OSCR to represent best regulatory practice.
(10)Schedule 1 makes further provision about the Scottish Charity Regulator.
Commencement Information
I1S. 1(1)-(4) s. 1(6)-(10) in force at 24.2.2006 by S.S.I. 2006/74, art. 2(a)
I2S. 1(5)(a) in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
I3S. 1(5)(b)-(e) in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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