Search Legislation

Charities and Trustee Investment (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

Charity names

10Objectionable names

(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 name

(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 name

(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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources