Charities and Trustee Investment (Scotland) Act 2005, Section 76 is up to date with all changes known to be in force on or before 08 March 2025. 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.
(1)Where OSCR—
(a)confirms a decision under section 74(1), or
(b)reconfirms a decision under section 77(1),
the decision (or, where OSCR varies the decision on confirming or reconfirming it, the decision as varied) may be appealed to the [F2First-tier Tribunal] .
(2)A decision referred to in paragraph (g) or (h) of section 71 (whether or not confirmed with variations) may not, despite subsection (1)(a), be appealed to the [F3First-tier Tribunal] .
(3)It is for the person whose request or, as the case may be, earlier appeal under this section caused OSCR to confirm or reconfirm the decision to make an appeal under subsection (1).
(4)Such an appeal must be made within 28 days of the person entitled to appeal it being given notice of the confirmation or reconfirmation.
(5)The [F4First-tier Tribunal] may—
(a)confirm a decision appealed to it,
(b)quash such a decision and direct OSCR to take such other action, if any, as the [F5First-tier Tribunal] thinks fit by such time as may be specified in the direction, or
(c)remit such a decision back to OSCR, together with the [F6First-tier Tribunal’s] reasons for doing so, for reconsideration.
Textual Amendments
F1S. 76 title substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(d)
F2Words in s. 76(1) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(a)
F3Words in s. 76(2) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(b)
F4Words in s. 76(5) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(c)(i)
F5Words in s. 76(5)(b) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(c)(ii)
F6Words in s. 76(5)(c) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(4)(c)(iii)
Commencement Information
I1S. 76 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.
