Search Legislation

Charities and Trustee Investment (Scotland) Act 2005

Status:

This is the original version (as it was originally enacted).

16Changes which require OSCR’s consent
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.

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