The Charities (References in Documents) (Miscellaneous Amendment) (Scotland) Regulations 2024

Scottish Statutory Instruments

2024 No. 111

Charities

The Charities (References in Documents) (Miscellaneous Amendment) (Scotland) Regulations 2024

Made

16th April 2024

Laid before the Scottish Parliament

18th April 2024

Coming into force

1st June 2024

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 15(1)(b), 52(1) and (3A) and 103(2)(a) of the Charities and Trustee Investment (Scotland) Act 2005(1) and all other powers enabling them to do so.

Citation and commencement

1.  These Regulations may be cited as the Charities (References in Documents) (Miscellaneous Amendment) (Scotland) Regulations 2024 and come into force on 1 June 2024.

Amendment of the Scottish Charitable Incorporated Organisations Regulations 2011

2.—(1) The Scottish Charitable Incorporated Organisations Regulations 2011(2) are amended as follows.

(2) The heading of regulation 9 (name and status) becomes “Specified documents”.

(3) After regulation 9, insert—

“Required information

10.   In addition to its name and the fact that it is a SCIO as required by section 52(1) to (3) of the 2005 Act, a SCIO must state in legible characters on all documents listed in regulation 9 issued or signed by, or on behalf of, the SCIO on or after 1 June 2024—

(a) the registered number allocated to it by OSCR as part of the registration process, and

(b) its working name(3) (if any).”.

Amendment of the Charities References in Documents (Scotland) Regulations 2007

3.  In regulation 2(1)(c) of the Charities References in Documents (Scotland) Regulations 2007(4) (required information) for “any other name by which it is commonly known” substitute “its working name (if any)”.

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

16th April 2024

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Scottish Charitable Incorporated Organisations Regulations 2011 (“the 2011 Regulations”) and the Charities References in Documents (Scotland) Regulations 2007 (“the 2007 Regulations”).

Regulation 2 amends the 2011 Regulations to require Scottish Charitable Incorporated Organisations (“SCIOs”) to include their Scottish charity number and any working name on documents listed in regulation 9 of the 2011 Regulations and issued or signed by, or on behalf of, the SCIO on or after these Regulations come into force on 1 June 2024. This is in addition to stating their name and the fact that they are a SCIO, which are already requirements under section 52(1) to (3) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”). Charities other than SCIOs are already subject to similar requirements in terms of regulation 2 of the 2007 Regulations.

Regulation 3 makes an amendment to the 2007 Regulations as a consequence of changes made to the 2005 Act by paragraph 6 of the schedule of the Charities (Regulation and Administration) (Scotland) Act 2023 in relation to working names.

(1)

2005 asp 10; section 52(3A) was inserted by paragraph 16 of the schedule of the Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5) (“the 2023 Act”).

(2)

S.S.I. 2011/44.

(3)

“Working name” is defined in section 106 of the 2005 Act as amended by paragraph 6(7) of the schedule of the 2023 Act.

(4)

S.S.I. 2007/203, to which there are amendments not relevant to these Regulations.