Charities and Trustee Investment (Scotland) Act 2005, Section 3 is up to date with all changes known to be in force on or before 18 May 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
(1)OSCR must keep a register of charities to be known as the “Scottish Charity Register” (and referred to in this Act as “the Register”).
(2)The Register is to be kept in such manner as OSCR thinks fit.
(3)The Register must contain a separate entry for each charity entered in it setting out—
(a)the name of the charity,
(b)the principal office of the charity or, where it does not have such an office, the name and address of one of its charity trustees,
(c)the purposes of the charity,
(d)where the charity is a designated religious charity or a designated national collector, that fact,
(e)where—
(i)a direction is given under section 11(3), 12(2) [F1, (2A)] or (3), 16(6), 28(3), 30(1) [F2, 30A(2)] [F3, 30B(2)] or 31(5) to (9), or
(ii)a notice is given under section 31(4) [F4or 45A(2)],
in relation to the charity, the fact that the direction or notice has been given and the date on which it was given,
(f)any other information in relation to the charity which the Scottish Ministers by regulations require to be set out in the Register, and
(g)any other information in relation to the charity which OSCR considers appropriate.
(4)OSCR must, despite subsection (3)(b), exclude the information specified in that provision from a charity's entry in the Register if, on the application of the charity (whether together with its application for entry in the Register or separately), OSCR is satisfied that including that information is likely to jeopardise the safety or security of any person or premises.
(5)OSCR must, if it is satisfied that a direction or notice of a type described in subsection (3)(e) has been complied with or no longer has effect, remove reference to the direction or notice from the charity's entry.
(6)OSCR F5...—
(a)[F6may,] from time to time, review [F7any] entry in the Register, F8...
(b)[F9must,] if it considers any information set out in a charity's entry to be inaccurate—
(i)amend the entry accordingly, and
(ii)notify the charity of the amendment made [F10, and
(c)must, if an entry is in respect of a body which has ceased to exist, remove the entry.]
Textual Amendments
F1Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F2Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
F3Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F4Words in s. 3(3)(e)(ii) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 12(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F5Word in s. 3(6) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F6Word in s. 3(6)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(b)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F7Word in s. 3(6)(a) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(b)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F8Word in s. 3(6)(a) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 3(2)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F9Word in s. 3(6)(b) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(c); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F10S. 3(6)(c) and word inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 3(2)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Modifications etc. (not altering text)
C1S. 3(3) disapplied (temp. until 23.8.2007) (1.4.2006) by The Scottish Charity Register (Transitional) Order 2006 (S.S.I. 2006/188), arts. 1(1), 2
Commencement Information
I1S. 3 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1
I2S. 3 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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