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Charities and Trustee Investment (Scotland) Act 2005

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Prospective

Charity namesS

10Objectionable namesS

(1)A body's name falls within this section if it is—

(a)the same as, or too like, the name of a charity,

(b)likely to mislead the public as to the true nature of the purposes of the body or of the activities which it carries on, or intends to carry on, in pursuit of those purposes,

(c)likely to give the impression that the body is connected in some way to the Scottish Administration, Her Majesty's Government in the United Kingdom or any local authority, or with any other person, when it is not so connected, or

(d)offensive.

(2)The reference in subsection (1)(b) to a body's purposes are—

(a)in the case of an applicant, the purposes set out in the statement accompanying its application,

(b)in the case of a charity, the purposes set out in its entry in the Register, and

(c)in the case of an SCIO proposed in an application under section 54(1), 56(1) or 59(1), the purposes set out in the SCIO's proposed constitution accompanying the application.

11Change of nameS

(1)A charity may change its name only with OSCR's consent.

(2)A charity which proposes to change its name must, not less than 42 days before doing so, give notice to OSCR specifying its proposed new name.

(3)Unless OSCR, within 28 days of the date on which a notice is given under subsection (2), directs the charity not to change its name, OSCR is to be taken as having given its consent.

(4)OSCR may refuse to consent to a charity changing its name only where it considers that the proposed new name falls within section 10.

12Power of OSCR to require charity to change nameS

(1)A charity may, if it considers that the name of another charity is too like its name, request OSCR to review the names.

(2)OSCR must, if satisfied following such a review that the names of two charities are too alike, direct either one or both of the charities to change its name.

(3)OSCR must, where at any other time it considers that a charity's name falls within section 10, direct the charity to change its name.

(4)Section 11 applies in relation to a change of name in compliance with a direction under this section (and the charity directed must give notice of its proposed new name under subsection (2) of that section within such period as may be specified in the direction).

(5)OSCR must remove from the Register any charity which fails to comply with a direction under this section.

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