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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 32 is up to date with all changes known to be in force on or before 16 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 32:
- 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)
32[F1Suspensions and directions under section 31: procedure]S
This section has no associated Explanatory Notes
(1)A suspension under subsection (4) and a direction under any of subsections (5) to (9) of section 31—
(a)has effect for such period of not more than 6 months as is specified in the suspension or direction,
(b)may be revoked at any time,
(c)may be varied, but not so as to have effect for a period of more than 6 months from the date on which the suspension or direction first has effect.
(2)Where such a suspension has been made or direction has been given,
[F2(a)]a further suspension or direction may be made or given under section 31 [F3(in addition to any direction that may be given under section 30B),] but
[F4(b)]the further suspension or direction [F5under section 31] ceases to have effect on the same date as the original suspension or direction (unless stated to cease to have effect earlier).
(3)A copy of the notice given under section 72 in respect of a—
(a)suspension under subsection (4) of section 31, or
(b)direction under subsection (5)(b) or (d) or (8) of that section,
must be given to the charity or body in question.
(4)A copy of the notice given under section 72 in respect of a direction under subsection (7) or (9) of that section must be given to the person directed.
(5)A person who, without reasonable excuse—
(a)contravenes a suspension under subsection (4) of section 31, or
(b)refuses or fails to comply with a direction under any of subsections (5) to (9) of that section,
is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a period not exceeding 6 months, or to both.
Textual Amendments
F1S. 32 heading substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(6), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F2Words in s. 32(2) renumbered as s. 32(2)(a) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F3Words in s. 32(2)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F4Words in s. 32(2) renumbered as s. 32(2)(b) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(c), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F5Words in s. 32(2)(b) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(d), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
Commencement Information
I1S. 32 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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