SCHEDULE

PART 1MODIFICATIONS OF PUBLIC GENERAL ACTS

Companies (Audit, Investigations and Community Enterprise) Act 2004 (c. 27)

8

1

The Companies (Audit, Investigations and Community Enterprise) Act 2004 is amended as follows.

2

In section 26(3)(b) (community interest companies), for the words from “given such” to the end substitute “entered in the Scottish Charity Register”.

3

In section 40 (existing companies: Scottish charities)–

a

in subsection (7), for the words from “that does” to the end substitute–

  • it shall continue to be under a duty to apply–

    1. a

      any property previously acquired, or any property representing property previously acquired,

    2. b

      any property representing income which has previously accrued, and

    3. c

      the income from any such property,

    in accordance with its purposes as set out in its entry in the Scottish Charity Register immediately before it became a community interest company.

b

in subsection (8), the word “or” and paragraph (b) are repealed; and

c

subsection (9) is repealed.

4

In section 54(8) (becoming a charity or a Scottish charity), for the words from “Commissioners of” to the end substitute “Scottish Charity Regulator that, if the special resolutions take effect and the company ceases to be a community interest company, the company will be entered in the Scottish Charity Register”.

5

In section 63(1) (interpretation), for the definition of “Scottish charity” substitute–

  • “Scottish charity” means a body entered in the Scottish Charity Register.