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Charities and Trustee Investment (Scotland) Act 2005
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- SCHEDULE 1
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This version of this schedule contains provisions that are prospective.
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Changes and effects
This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this 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.
- Act excluded by S.S.I. 2006/188 art. 3
Whole provisions yet to be inserted into this Act (including any effects on those provisions):
- s. 68A inserted by 2010 asp 8 s. 127(2)
- s. 70A inserted by 2010 asp 8 s. 126
Commencement Orders yet to be applied to the Charities and Trustee Investment (Scotland) Act 2005:
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
SCHEDULE 1SThe Scottish Charity Regulator
(introduced by section 1)
This schedule has no associated Explanatory Notes
MembershipS
1(1)The Scottish Charity Regulator (in this schedule referred to as “the Regulator”) is to consist of such number of members (but not fewer than 4) as the Scottish Ministers think fit.
(2)It is for the Scottish Ministers to appoint those members from amongst those persons appearing to them to have knowledge and skills relevant to the functions of OSCR.
(3)An individual is disqualified from appointment as, and from being, a member of the Regulator if the individual is—
(a)a member of the Scottish Parliament,
(b)a member of the House of Commons,
(c)a member of the European Parliament,
(d)an office-holder in the Scottish Administration,
(e)an individual of such other description as may be prescribed by order by the Scottish Ministers.
Tenure and removal from officeS
2(1)Each member of the Regulator—
(a)is to be appointed for such period as is specified in the appointment,
(b)may, by notice to the Scottish Ministers, resign as a member,
(c)in other respects, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,
(d)after ceasing to hold office, may be reappointed as a member.
(2)The Scottish Ministers may remove a member from office if satisfied—
(a)that the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract,
(b)that the member—
(i)has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or
(ii)is unable to discharge the member's functions as a member or is unsuitable to continue as a member, or
(c)that it is necessary or expedient to do so in connection with the management of the affairs of the Regulator.
ChairingS
3(1)The Scottish Ministers must appoint—
(a)one of the members of the Regulator to chair the Regulator, and
(b)another of those members to act as deputy to that member.
(2)A member appointed to chair the Regulator or to act as deputy to that member holds and vacates office as such in accordance with the terms of the appointment to that office.
(3)A member so appointed may, by notice to the Scottish Ministers, resign from office as such.
(4)A member so appointed vacates office as such on ceasing to be a member of the Regulator.
(5)Where a member—
(a)is appointed to chair the Regulator or to act as deputy to that member, or
(b)ceases to hold office as such,
the Scottish Ministers may vary the terms of the member's appointment as a member of the Regulator so as to alter the date on which office as a member is to be vacated.
Chief executive and other staffS
4(1)The Regulator —
(a)must appoint a chief executive, and
(b)may appoint such other employees as it considers appropriate.
(2)The terms and conditions of the chief executive and any other employees, and the number of any other employees, require the approval of the Scottish Ministers.
ProceedingsS
5The quorum of the Regulator and the arrangements for its meetings are for the Regulator to determine.
Delegation of powersS
6(1)Anything authorised or required under any enactment to be done by the Regulator, whether or not as the holder of the Office of the Scottish Charity Regulator, may be done by any member or employee of the Regulator who is authorised (whether generally or specifically) for the purpose by it.
(2)Nothing in sub-paragraph (1) prevents the Regulator from doing anything that any of its members or employees has been authorised or required to do.
Validity of proceedings and actsS
7The validity of any proceedings or acts of the Regulator is not affected by any—
(a)vacancy in its membership, or
(b)defect in the appointment of a member.
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