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Charities and Trustee Investment (Scotland) Act 2005
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Changes to legislation:
Charities and Trustee Investment (Scotland) Act 2005, Section 11 is up to date with all changes known to be in force on or before 04 December 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.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
Changes and effects yet to be applied to Section 11:
- 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)
Changes and effects yet to be applied to the whole Act associated Parts and Chapters:
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)
11Change of nameS
This section has no associated Explanatory Notes
(1)A charity may change its name only with OSCR's consent.
(2)A charity which proposes to change its name must F1... give notice to OSCR specifying its proposed new name.
(3)Unless OSCR, within 28 days of the date on which a notice is given under subsection (2) [F2—
(a)refuses its consent, or
(b)directs the charity not to change its name to that proposed new name for a period of not more than 6 months specified in the direction,]
[F3OSCR is to be taken as having given its consent.]
[F4(3A)A direction under subsection (3)(b)—
(a)may be revoked at any time,
(b)may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
(3B)Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—
(a)give its consent, whether or not subject to conditions, or
(b)refuse its consent.]
(4)OSCR may refuse to consent to a charity changing its name only where
[F5(a)]it considers that the proposed new name falls within section 10 [F6, or
(b)it is unable, after making reasonable inquiries, to satisfy itself that the proposed new name does not fall within section 10.]
[F7(5)OSCR may, at the request of a charity, grant consent to a different proposed new name than that specified by the charity in the notice given by it under subsection (2).]
Textual Amendments
F1Words in s. 11(2) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F2Words in s. 11(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(a)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F3Words in s. 11(3) repositioned (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(a)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F4S. 11(3A)(3B) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F5Words in s. 11(4) renumbered as s. 11(4)(a) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(c)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F6S. 11(4)(b) and word inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(c)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F7S. 11(5) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(d); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
Commencement Information
I1S. 11 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
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