Charities and Trustee Investment (Scotland) Act 2005

35 Transfer schemes

(1) The Court of Session may, on an application by OSCR, approve a scheme prepared by OSCR in accordance with regulations made by the Scottish Ministers for the transfer to a charity specified in the scheme of any assets of—

(a) another charity,

(b) a body which is controlled by a charity (or by two or more charities, when taken together),

(c) a body which is not a charity but which is or has been representing itself as a charity.

(2) The court may approve a scheme in relation to a charity only if it is satisfied—

(a) that there is or has been misconduct in the administration of the charity,

(b) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application of such property for its purposes, and

(c) that the charity’s purposes would be better achieved by transferring its assets to another charity.

(3) The court may approve a scheme in relation to a body falling with paragraph (b) of subsection (1) only if it is satisfied—

(a) that there is or has been misconduct in the administration of the body or any of the charities which control it,

(b) that it is necessary or desirable to act for the purpose of protecting the property of the body or any such charity, and

(c) that the transfer provided for by the scheme is reasonable.

(4) The court may approve a scheme in relation to a body falling within paragraph (c) of subsection (1) only if it is satisfied—

(a) that the body falls within that paragraph, and

(b) that the transfer provided for by the scheme is reasonable.

(5) The court may approve a scheme under this section subject to modifications.

(6) A charity receiving property in pursuance of a scheme approved under this section may apply that property for its purposes as it thinks fit.