Scottish Statutory Instruments
2007 No. 117 (C. 14)
CHARITIES
The Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 4) Order 2007
Made
26th February 2007
The Scottish Ministers, in exercise of the powers conferred by sections 103(2) and 107(2) of the Charities and Trustee Investment (Scotland) Act 2005(1), and of all other powers enabling them in that behalf, hereby make the following Order:
Citation and interpretation
1.—(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 Provisions
2.—(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 BRANKIN
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
26th February 2007
Explanatory Note
(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.
Note as to Earlier Commencement Orders
(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 |