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Charities and Trustee Investment (Scotland) Act 2005
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- 2005 asp 10
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- s. 68A inserted by 2010 asp 8 s. 127(2)
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Commencement Orders
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing provisions within this Act into force:
- S.S.I. 2005/644 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2006/74 art. 2 commences (2005 asp 10)
- S.S.I. 2006/189 art. 2 Sch. commences (2005 asp 10)
- S.S.I. 2007/117 art. 2 commences (2005 asp 10)
Commencement Orders bringing legislation that affects this Act into force:
- S.I. 2007/309 art. 2 3 commences (2006 c. 50)
- S.I. 2008/3267 art. 2 commences (2006 c. 50)
- S.I. 2009/2648 art. 3 amendment to earlier commencing SI 2008/3267
- S.I. 2010/1942 art. 2 amendment to earlier commencing SI 2008/3267
- S.I. 2010/2317 art. 2 3 commences (2010 c. 15)
- S.I. 2011/1725 Sch. para. 6 amendment to earlier commencing SI 2008/3267
- S.S.I. 2010/221 art. 3 commences (2010 asp 8)
- S.S.I. 2010/321 art. 3 commences (2010 asp 8)
- S.S.I. 2011/20 art. 2 Commencement Order
- S.S.I. 2011/157 art. 2 commences (2007 asp 14)
Prospective
ApplicationsS
4Application for entry in RegisterS
An application for entry in the Register must—
(a)state the name of the body making the application (the “applicant”),
(b)state the principal office of the applicant or, where it does not have such an office, the name and address of one of the persons who, if the applicant is entered in the Register, will be its charity trustees,
(c)be accompanied by—
(i)a statement of the applicant's purposes,
(ii)a copy of the applicant's constitution, and
(iii)the applicant's most recent statement of account (if any), and
(d)contain such other information, and be accompanied by such other documents, as may be—
(i)required by regulations under section 6(1), or
(ii)otherwise requested by OSCR.
5Determination of applicationsS
(1)OSCR may enter an applicant in the Register only if it considers that the applicant meets the charity test.
(2)OSCR must refuse to enter an applicant if—
(a)it considers that the applicant's name falls within section 10, or
(b)the application must, by virtue of regulations under section 6(1), be refused,
but must not otherwise refuse to enter an applicant which it considers meets the charity test.
6Applications: further procedureS
(1)The Scottish Ministers may by regulations make such further provision in relation to the procedure for applying and determining applications for entry in the Register (including applications under section 54(1), 56(1) and 59(1)) as they think fit.
(2)Such regulations may in particular make provision about—
(a)information and documents which must be specified in or accompany an application,
(b)the form and manner in which applications must be made,
(c)the period within which OSCR must make a decision on an application, and
(d)circumstances in which OSCR must refuse to enter a body in the Register.
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