Search Legislation

Advanced Search

Charities and Trustee Investment (Scotland) Act 2005

Help about what version

What Version

Help about advanced features

Advanced Features

Changes to legislation:

Charities and Trustee Investment (Scotland) Act 2005, Section 19 is up to date with all changes known to be in force on or before 23 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. Help about Changes to Legislation

Close

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.

View outstanding changes

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):

19Removal from Register: protection of assetsS
This section has no associated Explanatory Notes

[F1(1)A body removed from the Register (under section 18 or otherwise) continues to be under a duty to apply its protected charitable assets—

(a)in accordance with its charitable purposes as set out in its entry in the Register immediately before its removal (its “most recent purposes”), and

(b)to provide public benefit in Scotland or elsewhere.

(1A)In this section, “protected charitable assets” means—

(a)any property acquired, or any property representing property acquired, before the body was removed from the Register,

(b)any property representing income which accrued before the body was removed from the Register, and

(c)the income from any such property.

(1B)The application of protected charitable assets in accordance with a body’s most recent purposes is not to be presumed to be for the public benefit.

(1C)In determining whether a body is applying its protected charitable assets for public benefit, section 8(2) applies subject to the modifications in subsection (1D).

(1D)The modifications are that—

(a)in the opening words, the reference to determining whether a body provides or intends to provide public benefit is to be read as if it were a reference to determining whether a body is applying its protected charitable assets for public benefit,

(b)in the closing words of paragraph (a), the reference to the consequence of the body exercising its functions is to be read as if it were a reference to the consequence of the body applying its protected charitable assets.]

(2)Despite the removal of a body from the Register, the provisions of this Part set out in subsection (3) continue to apply to the body, but only so far as they relate to [F2its protected charitable assets].

(3)Those provisions are—

(a)in Chapter 4—

  • sections 28 and 29,

  • section 31(1) to (3) and (5) to (9),

  • section 32,

  • section 33(2) to (5),

  • section 34(1) to (3), (5)(a) to (c) and (f) to (h), (7) and (10)(b), and

  • section 37, and

(b)in Chapter 6, sections 44 and 45.

(4)The Court of Session may, on an application by OSCR, approve a scheme prepared by OSCR in accordance with regulations made by the Scottish Ministers for the transfer to a charity specified in the scheme of any [F3protected charitable assets] which a body removed from the Register is required to apply in accordance with subsection (1).

[F4(4A)OSCR must consult the Scottish Housing Regulator before making an application under subsection (4) in relation to a registered social landlord (within the meaning of the Housing (Scotland) Act 2010 (asp 17)).]

(5)The court may approve such a scheme only if it is satisfied—

(a)that it is necessary or desirable to act for the purpose of protecting the [F5protected charitable assets] to which the scheme relates or securing a proper application of such [F5protected charitable assets] for the [F6charitable] purposes which were set out in the body's entry in the Register immediately before its removal, and

(b)that those purposes would be better achieved by transferring the [F7protected charitable assets] to a charity.

(6)The court may approve a scheme under subsection (5) subject to modifications.

(7)A charity receiving [F8protected charitable assets] in pursuance of a scheme approved under subsection (5) may apply [F9the protected charitable assets] for its purposes as it thinks fit.

(8)The Scottish Ministers may by order disapply subsections (1) to (7) in relation to any property specified in the order.

(9)An order under subsection (8) may make provision in relation to particular items or types of property or in relation to property owned by particular persons.

(10)It is not competent for such order to make provision in relation to property which is not owned by a charity on the day the order takes effect.

Textual Amendments

Modifications etc. (not altering text)

Commencement Information

I1S. 19 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I2S. 19 in force at 24.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources

The data on this page is available in the alternative data formats listed: