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Charities and Trustee Investment (Scotland) Act 2005
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Charities and Trustee Investment (Scotland) Act 2005, Section 46 is up to date with all changes known to be in force on or before 03 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)
46Duty of auditors etc. to report matters to OSCRS
This section has no associated Explanatory Notes
(1)This section applies to—
(a)any person appointed to carry out an independent examination or audit of a charity's statement of account (including, in the case of a charity which is a company, any person appointed as auditor under [F1 Chapter 2 of Part 16 of the Companies Act 2006 ]), and
F2(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
who is acting in the appointed capacity.
(2)A person to whom this section applies who becomes aware of any matter—
(a)which relates to the activities or affairs of—
(i)the charity, or
(ii)any institution or body corporate connected to that charity, and
(b)which the person has reasonable cause to believe is likely to be of material significance for the purposes of the exercise by OSCR of its functions under section 28, 30 or 31,
must immediately report [F3in writing] on the matter to OSCR.
(3)A person to whom this section applies who becomes aware of any matter—
(a)which does not appear to the person to be one which the person is required to report under subsection (2), but
(b)which the person has reasonable cause to believe is likely to be relevant for the purposes of the exercise by OSCR of any of its functions,
may report on the matter to OSCR.
(4)A duty or power which arises under subsection (2) or (3) is not affected if the person in relation to whom it arises subsequently stops acting in the capacity mentioned in subsection (1).
(5)An institution or body corporate is connected to a charity if—
(a)it is an institution which is controlled (whether directly or through one or more nominees) by, or, as the case may be
(b)it is a body corporate in which a substantial interest is held by,
the charity or any one or more of the charity trustees acting in that capacity.
(6)Section 105 sets out when a person is to be treated as controlling an institution or as having a substantial interest in a body corporate.
Textual Amendments
F1Words in s. 46(1)(a) substituted (6.4.2008) by The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 241(2)(a) (with arts. 6, 11, 12)
F2S. 46(1)(b) omitted (6.4.2008) by virtue of The Companies Act 2006 (Consequential Amendments etc) Order 2008 (S.I. 2008/948), Sch. 1 para. 241(2)(b) (with arts. 6, 11, 12)
F3Words in s. 46(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 14(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Commencement Information
I1S. 46 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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