Charities and Trustee Investment (Scotland) Act 2005

87 Designated national collectors

(1) OSCR may specify criteria to be satisfied for the purposes of—

(a) obtaining, and

(b) retaining,

designation as a designated national collector under this section.

(2) Before specifying such criteria, OSCR must consult—

(a) such associations representing local authorities,

(b) such persons representing the interests of charities, and

(c) such other persons,

as it thinks fit.

(3) OSCR must publish any criteria specified under subsection (1).

(4) OSCR may designate as a designated national collector a charity which appears to it to satisfy such criteria as are for the time being specified under subsection (1)(a).

(5) OSCR may withdraw a designation under subsection (4) from a charity which appears to it not to satisfy such criteria as are for the time being specified under subsection (1)(b).

(6) Regulations under section 90 may make provision about the effect of the withdrawal of a designation in relation to public benevolent collections notice of which was, prior to the withdrawal, given under subsection (7).

(7) A designated national collector which proposes to hold a public benevolent collection in the area of a local authority must—

(a) no earlier than 18 months, and

(b) no later than 3 months,

before the proposed date of the collection, notify the authority of the proposal.

(8) The local authority may prohibit the public benevolent collection if it considers that the public benevolent collection would be likely to cause undue public inconvenience (by reason of it being held on the same date and at the same time and place as any other public benevolent collection or for any other reason).

(9) A decision under subsection (8) must be made not later than one month after the date of the notification under subsection (7).

(10) A local authority must give the designated national collector notice of a decision under subsection (8) including the reasons for the authority’s decision and information about the designated national collector’s rights of appeal under section 88.