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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 189 (C. 18)

CHARITIES

The Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006

  Made 31st March 2006 

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. 3, Transitional and Savings Provision) Order 2006.

    (2) In this Order, "the Act" means the Charities and Trustee Investment (Scotland) Act 2005.

Commencement of provisions
     2. —(1) The provisions of the Act specified in Part 1 of the Schedule to this Order, so far as not already in force, shall come into force on 1st April 2006.

    (2) The provisions of the Act specified in Part 2 of the Schedule to this Order, so far as not already in force, shall come into force on 24th April 2006.

Transitional and savings provision
     3. —(1) Notwithstanding the repeal of sections 3, 4, 5 and 15(1) to (8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[2] by the coming into force of paragraph 7(b) of Schedule 4 to the Act on 1st April 2006, those provisions of the 1990 Act and the following Regulations and Orders–

shall continue to apply to a charity in relation to accounts for a financial year beginning before 1st April 2006.

    (2) The following provisions of the Act shall not apply to a designated religious body until 1st October 2007–

    (3) Paragraphs (1) and (2) do not apply to a designated religious body which has been designated as a designated religious charity under section 65 of the Act.

    (4) In this article, "designated religious body" means a body designated as such in either the Charities (Designated Religious Bodies) (Scotland) Order 1993 or the Charities (Designated Religious Bodies) (Scotland) Order 2005, and those Orders and section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall continue to apply for the purposes of paragraphs (2) and (3) of this article notwithstanding the repeal of that section.


MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
31st March 2006



SCHEDULE
Article 2



PART 1

PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1st APRIL 2006

Section Subject matter
Section 1(5), except sub-section (5)(a) Office of the Scottish Charity Regulator
Section 3 Scottish Charity Register
Section 13 References to charitable status
Section 14 Exception for certain bodies not in Register
Section 16 Changes which require OSCR's consent
Section 17 Notification of other changes
Section 22 Power of OSCR to obtain information from charities
Section 28 Inquiries about charities etc.
Section 29 Power of OSCR to obtain information for inquiries
Section 31 Powers of OSCR following inquiries
Section 32 Suspensions and directions: procedure
Section 33 Reports on inquiries
Section 34 Powers of Court of Session
Section 35 Transfer schemes
Section 36 Powers in relation to English and Welsh charities
Section 37 Expenses
Section 38 Delegation of functions
Section 43 Endowments
Section 44 Accounts
Section 45 Failure to provide statement of account
Section 46 Duty of auditors etc. to report matters to OSCR
Section 47 Dormant accounts of charities
Section 48 Dormant accounts of charities: procedure and interpretation
Section 65 Designated religious charities
Section 66 Charity trustees: general duties
Section 67 Remuneration for services
Section 68 Remuneration: supplementary
Section 69 Disqualification from being charity trustee
Section 70 Disqualification: supplementary
Section 71 Decisions
Section 72 Notice of decisions
Section 73 Effect of decisions
Section 74 Review of decisions
Section 76 Appeals to Scottish Charity Appeals Panel
Section 77 Reconsideration of decision remitted to OSCR
Section 78 Appeals to Court of Session
Section 99 Population of Register etc.
Section 104 Minor and consequential amendments and repeals
Section 105 Meaning of "control" etc.
Paragraphs 1, 2, 3, 4, 5(a), 6, 7, 10, 12 to 19 of Schedule 4 Minor and consequential amendments and repeals



PART 2

PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 24th APRIL 2006

Section Subject matter
Section 1(5)(a) Office of the Scottish Charity Regulator
Section 2 Annual reports
Section 4 Application for entry in Register
Section 5 Determination of applications
Section 6 Applications: further procedure
Section 7 The charity test
Section 8 Public benefit
Section 10 Objectionable names
Section 11 Change of name
Section 12 Power to OSCR to require charity to change name
Section 15 References in documents
Section 18 Removal from Register
Section 19 Removal from Register: protection of assets
Section 20 Co operation
Section 21 Public access to Register
Section 23 Entitlement to information about charities
Section 24 Disclosure of information by and to OSCR
Section 25 Removal of restrictions on disclosure of certain information
Section 26 False or misleading information etc
Section 27 Disclosure of information: entitlement under other enactments etc.
Section 30 Removal from Register of charity which no longer meets charity test
Section 80 Representation and solicitation
Section 81 Prohibition on professional fundraising without formal agreement
Section 82 Prevention of unauthorised fundraising
Section 83 Regulations about fundraising
Section 100 Notices, applications etc.
Section 101 Offences by bodies corporate etc.
Paragraph 9 of Schedule 4 Minor and consequential amendments and repeals


EXPLANATORY NOTE

(This note is not part of the Order)


This Order is the third commencement order under the Charities and Trustee Investment (Scotland) Act 2005 ("the Act").

Article 2 and the Schedule to this Order brings into force on 1st April and 24th April 2006 all the provisions of the Act that are not already in force with the exception of sections 39 to 42 which relate to the reorganisation of charities, sections 49 to 64 of the Act which relate to Scottish Charitable Incorporated Organisations, sections 84 to 92 which relate to public benevolent collections and section 96 (power of a charity to participate in certain financial schemes). All of schedule 4 is commenced by this Order with the exception of paragraphs 5(b) and (c), 8 and 11.

Article 3 makes transitional and savings provisions in relation to the accounts of charities and designated religious bodies. It also provides that certain provisions of the Act are not to apply to designated religious bodies until 31st October 2007 or until those bodies become designated religious charities in terms of section 65 of the Act. Article 3(3) provides the transitional and savings provision shall cease to have effect if a designated religious body is designated as a religious charity in terms of section 65 of the Act.


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 3 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 6 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 7 (only for the purpose of enabling orders to be made). 1st January 2006 2005/644
Section 9. 24th February 2006 2006/74
Section 15 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 19 (only for the purpose of enabling orders and regulations to be made). 1st January 2006 2005/644
Section 23 (only for the purpose of enabling orders to be made). 1st January 2006 2005/644
Section 25 (only for the purpose of enabling orders to be made). 1st January 2006 2005/644
Section 35 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 39 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 44 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 48 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
Section 75. 24th February 2006 2006/74
Section 79. 1st January 2006 2005/644
Section 83 (only for the purpose of enabling regulations to be made). 1st January 2006 2005/644
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 106. 1st January 2006 2005/644
Schedule 1 (only for the purpose of enabling orders to be made). 1st January 2006 2005/644
Schedule 1, in so far as not already in force. 24th February 2006 2006/74
Schedule 2 (only for the purpose of enabling orders and rules to be made). 1st January 2006 2005/644
Schedule 2, in so far as not already in force. 24th February 2006 2006/74
Schedule 3. 1st January 2006 2005/644

Notes:

 [1] 2005 asp 10.back

[2] 1990 c.40.back

[3] S.I. 1992/2165.back

[4] S.I. 1993/1624 as amended by S.I. 1995/645 and S.S.I. 2000/49.back

[5] S.I. 1995/645.back

[6] S.S.I. 2000/49.back

[7] S.I. 1993/2774.back

[8] S.S.I. 2005/306.back


ISBN 0 11 070243 3


 © Crown copyright 2006

Prepared 10 April 2006

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URL: http://www.bailii.org/scot/legis/num_reg/2006/20060189.html