Reserve Forces Act 1980

148 Charities in Scotland on disbanding of units. U.K.

(1) Where by warrant of Her Majesty—

(a) a unit of the Territorial Army or the Army Reserve is designated as the successor of a body of either of those reserves which has been or is to be disbanded, or

(b) a unit of the Royal Auxiliary Air Force is designated as the successor of a body of that force which has been or is to be disbanded,

any property which is held for charitable purposes for the body in question and which is administered for those purposes according to the law of Scotland shall (subject to the provisions of this section), as from the time at which the warrant comes into force, be held for the corresponding purposes of the unit so designated.

(2) The Secretary of State shall, as soon as may be after it is made, deliver a copy of any such warrant by post or otherwise to a trustee of the trust in question.

(3) Where the Secretary of State considers that subsection (1) above should not apply to all or part of the property affected by the warrant he may at any time within the period—

(a) beginning with the date on which the warrant is made, and

(b) ending with the expiry of 6 months beginning with the date on which the warrant comes into force,

make a direction that that subsection shall not apply or shall cease to apply to the property or part.

(4) If any trustee of or person interested in any property held for charitable purposes affected by such a warrant as is mentioned in subsection (1) considers that that subsection should not apply to all or part of such property, that person may, at any time within the period of 6 months beginning with the date on which the warrant comes into force, apply by petition to the Court of Session—

(a) for the court to make such a direction as is mentioned in subsection (3) above in relation to that property or part, and

(b) to exercise, with respect to that property or part, any of the court’s powers relating to a charitable or other permanent endowment,

and the court, if it is satisfied that on the making of such a direction it would be entitled to exercise its powers in the manner craved and that it is necessary for these purposes to make that direction, may itself make such a direction.

(5) No such warrant or direction as mentioned above shall affect the validity of anything done or omitted with respect to any property affected by the warrant or direction before a copy of the warrant or direction is served on a trustee of the trust in question.

(6) The foregoing provisions of this section shall not apply to any property held for charitable purposes for such a body as is mentioned in subsection (1) if, under the terms on which the property is so held, any person has an interest charitable or otherwise in the property contingent upon the determination of the charitable interest therein of that body.

(7) Where a body of the Territorial Army, the Army Reserve or the Royal Auxiliary Air Force has been or is to be disbanded, the Secretary of State may apply by petition to the Court of Session for the court to exercise, with respect to any property held for charitable purposes for the body in question, any of the court’s powers relating to a charitable or other permanent endowment.

(8) In this section—

(a) references to disbandment of a body include references to its amalgamation with another body; and

(b) the power to give directions includes power to make different provision for different circumstances.