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Charities and Trustee Investment (Scotland) Act 2005

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This is the original version (as it was originally enacted).

39Reorganisation of charities: applications by charity

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(1)OSCR may, on the application of a charity, approve a reorganisation scheme proposed by the charity if it considers—

(a)that any of the reorganisation conditions is satisfied in relation to the charity, and

(b)that the proposed reorganisation scheme will—

(i)where the condition satisfied is that set out in paragraph (a) or (b) of section 42(2), enable the resources of the charity to be applied to better effect for charitable purposes consistently with the spirit of its constitution, having regard to changes in social and economic conditions since it was constituted, or

(ii)where the condition satisfied is that set out in paragraph (c) of that section, enable the charity to be administered more effectively.

(2)The Scottish Ministers may by regulations make such provision as they think fit in relation to the procedure for applying for and determining applications under this section.

(3)Such regulations may in particular make provision about—

(a)the form and manner in which applications must be made,

(b)the period within which OSCR must make a decision on an application,

(c)publication of proposed reorganisation schemes,

and may make different provision in relation to different types of charity.

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