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Charities and Trustee Investment (Scotland) Act 2005
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- 2005 asp 10
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- Section 16
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- s. 16(1)-(6) excluded by S.S.I. 2006/189 art. 3(2)-(4)
- s. 16(1) excluded by S.S.I. 2011/237 reg. 2(1)
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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 and cross-heading inserted by 2010 asp 8 s. 126
Commencement Orders yet to be applied to the Charities and Trustee Investment (Scotland) Act 2005:
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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 Sch. commences (2006 c. 50)
- S.I. 2008/3267 art. 2 Sch. commences (2006 c. 50)
- 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(a) commences (2007 asp 14)
- S.S.I. 2012/39 art. 2 Sch. commences (2010 asp 17)
Prospective
16Changes which require OSCR's consentS
This section has no associated Explanatory Notes
(1)A charity may take any action set out in subsection (2) only with OSCR's consent and in accordance with any conditions attached to any such consent.
(2)Those actions are—
(a)amending its constitution so far as it relates to its purposes,
(b)amalgamating with another body,
(c)winding itself up or dissolving itself,
(d)applying to the court in relation to any action set out in paragraphs (a) to (c).
(3)Subsection (1) does not apply in relation to any action—
(a)in pursuance of an approved reorganisation scheme, or
(b)for which OSCR's consent is required by virtue of any other enactment.
(4)Where a charity proposes to take any action set out in subsection (2) it must, not less than 42 days before the date on which the action is to be taken, give notice to OSCR of the proposal specifying that date.
(5)In the case of an action set out in subsection (2)(a), the charity must not proceed unless and until OSCR has given its consent.
(6)In any other case, unless OSCR, within 28 days of the date on which notice is given under subsection (4)—
(a)refuses its consent, or
(b)directs the charity not to take the action for a period of not more than 6 months specified in the direction,
OSCR is to be taken as having consented to it.
(7)A direction under subsection (6)(b)—
(a)may be revoked at any time,
(b)may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
(8)Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—
(a)give its consent, whether or not subject to conditions, or
(b)refuse its consent.
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