2007 No. 117 (C. 14)

CHARITIES

The Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 4) Order 2007

Made

The Scottish Ministers, in exercise of the powers conferred by sections 103(2) and 107(2) of the Charities and Trustee Investment (Scotland) Act 20051, and of all other powers enabling them in that behalf, hereby make the following Order:

Citation and interpretation1

1

This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 4) Order 2007.

2

In this Order “the Act” means the Charities and Trustee Investment (Scotland) Act 2005.

Commencement of Provisions2

1

Section 96 of the Act shall come into force on 27th February 2007.

2

Section 39, so far as not already in force and section 40, 41 and 42 of the Act shall come into force on 31st May 2007.

RHONA BRANKINA member of the Scottish ExecutiveSt Andrew’s House,Edinburgh

(This note is not part of the Order)

This Order brings into force on 31st May 2007 section 39 so far as not already in force and sections 40, 41 and 42 of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”). Sections 39 to 42 allow charities to apply to the Scottish Charity Regulator (“OSCR”) to reorganise and allow OSCR to apply to the Court of Session for approval to reorganise a charity.

This Order also brings into force section 96 of the 2005 Act on 27th February 2007. Section 96 provides that charities have the power to participate in common investment schemes and common deposit schemes, unless their constitution prevents it.

(This note is not part of the Order)

The following provisions of the Act have been brought into force by Commencement Order made before the date of this Order:–

Provision

Date of Commencement

S.S.I.No.

Section 1(1) to (4) and (6) to (10)

24th February 2006

2006/74

Section 1(5), except subsection (5)(a)

1st April 2006

2006/189

Section 1(5)(a)

24th April 2006

2006/189

Section 2

24th April 2006

2006/189

Section 3 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 3

1st April 2006

2006/189

Section 4

24th April 2006

2006/189

Section 5

24th April 2006

2006/189

Section 6 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 6

24th April 2006

2006/189

Section 7 (only for the purpose of enabling orders to be made)

1st January 2006

2005/644

Section 7

24th April 2006

2006/189

Section 8

24th April 2006

2006/189

Section 9

24th February 2006

2006/74

Section 10

24th April 2006

2006/189

Section 11

24th April 2006

2006/189

Section 12

24th April 2006

2006/189

Section 13

1st April 2006

2006/189

Section 14

1st April 2006

2006/189

Section 15 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 15

24th April 2006

2006/189

Section 16

1st April 2006

2006/189

Section 17

1st April 2006

2006/189

Section 18

24th April 2006

2006/189

Section 19 (only for the purpose of enabling orders and regulations to be made)

1st January 2006

2005/644

Section 19

24th April 2006

2006/189

Section 20

24th April 2006

2006/189

Section 21

24th April 2006

2006/189

Section 22

1st April 2006

2006/189

Section 23 (only for the purpose of enabling orders to be made)

1st January 2006

2005/644

Section 23

24th April 2006

2006/189

Section 24

24th April 2006

2006/189

Section 25 (only for the purpose of enabling orders to be made)

1st January 2006

2005/644

Section 25

24th April 2006

2006/189

Section 26

24th April 2006

2006/189

Section 27

24th April 2006

2006/189

Section 28

1st April 2006

2006/189

Section 29

1st April 2006

2006/189

Section 30

24th April 2006

2006/189

Section 31

1st April 2006

2006/189

Section 32

1st April 2006

2006/189

Section 33

1st April 2006

2006/189

Section 34

1st April 2006

2006/189

Section 35 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 35

1st April 2006

2006/189

Section 36

1st April 2006

2006/189

Section 37

1st April 2006

2006/189

Section 38

1st April 2006

2006/189

Section 39 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 43

1st April 2006

2006/189

Section 44 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 44

1st April 2006

2006/189

Section 45

1st April 2006

2006/189

Section 46

1st April 2006

2006/189

Section 47

1st April 2006

2006/189

Section 48 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 48

1st April 2006

2006/189

Section 65

1st April 2006

2006/189

Section 66

1st April 2006

2006/189

Section 67

1st April 2006

2006/189

Section 68

1st April 2006

2006/189

Section 69

1st April 2006

2006/189

Section 70

1st April 2006

2006/189

Section 71

1st April 2006

2006/189

Section 72

1st April 2006

2006/189

Section 73

1st April 2006

2006/189

Section 74

1st April 2006

2006/189

Section 75

24th February 2006

2006/74

Section 76

1st April 2006

2006/189

Section 77

1st April 2006

2006/189

Section 78

1st April 2006

2006/189

Section 79

1st January 2006

2005/644

Section 80

24th April 2006

2006/189

Section 81

24th April 2006

2006/189

Section 82

24th April 2006

2006/189

Section 83 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 83

24th April 2006

2006/189

Section 86 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 90 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 91 (only for the purpose of enabling regulations to be made)

1st January 2006

2005/644

Section 93

1st January 2006

2005/644

Section 94

1st January 2006

2005/644

Section 95

1st January 2006

2005/644

Section 97

1st January 2006

2005/644

Section 98

1st April 2006

2005/644

Section 99(3) and (4)

24th February 2006

2006/74

Section 99

1st April 2006

2006/189

Section 100

24th April 2006

2006/189

Section 101

24th April 2006

2006/189

Section 104

1st April 2006

2006/189

Section 105

1st April 2006

2006/189

Section 106

1st January 2006

2005/644

Schedule 1 (only for the purposes of enabling orders to be made)

1st January 2006

2005/644

Schedule 1

24th February 2006

2006/74

Schedule 2 (only for the purposes of enabling orders and rules to be made)

1st January 2006

2005/644

Schedule 2

24th February 2006

2006/74

Schedule 3

1st January 2006

2005/644

Paragraphs 1, 2, 3, 4, 5(a), 6, 7, 10, 12 to 19 of Schedule 4

1st April 2006

2006/189

Paragraph 9 of Schedule 4

24th April 2006

2006/189