Charities and Trustee Investment (Scotland) Act 2005, Section 71 is up to date with all changes known to be in force on or before 20 June 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.
This Chapter applies to any decision by OSCR (or by a person to whom OSCR's functions are delegated by virtue of section 38) to—
(a)refuse an application for entry in the Register, including entry as a SCIO under section 55, 58 or 60,
(b)refuse to disapply section 3(3)(b) in relation to a charity,
[F1(c)refuse to consent to a charity changing name under section 11,]
(d)give a direction under section 12(2) [F2, (2A)] or (3),
(e)refuse to give a direction under section 12(2) [F3or (2A)],
(f)refuse to consent to a charity taking any action set out in section 16(2),
(g)give a direction under section 28(3),
(h)make a requirement under section 29(1),
(i)remove a charity from the Register under section 30(1) or (3),
[F4(ia)give a direction under section 30(1)(a),]
[F5(ib)give a direction under section 30A(2),
(ic)remove a charity from the Register under section 30A(4),]
[F6(id)give a direction under section 30B(2),]
(j)suspend a person under section 31(4),
(k)give a direction under section 31(5) or (8),
(l)give a direction under section 31(6), (7) or (9),
(m)refuse an application made for the purposes of section 39(1),
[F7(ma)refuse an application made for the purposes of section 43A,]
[F8(mb)remove a charity from the Register under section 45A(3),]
(n)give a direction under section 53(2),
(o)give a direction under section 67(7),
(p)refuse to grant a waiver under section 69(4),
[F9(pa)refuse to grant a waiver under section 69B(3),]
[F10(pb)appoint an interim charity trustee under section 70A(1) or (2)(c),]
[F11(pc)refuse an application made for the purposes of section 70ZB(3),]
(q)refuse to designate a charity as a designated religious charity or designated national collector, or
(r)withdraw the designation of a charity as a designated religious charity or designated national collector.
Textual Amendments
F1S. 71(c) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(3); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
F2Word in s. 71(d) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(6)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F3Words in s. 71(e) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(6)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F4S. 71(ia) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 121(2), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
F5S. 71(ib)(ic) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(6), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
F6S. 71(id) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(9), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F7S. 71(ma) inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(2), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2
F8S. 71(mb) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 12(5), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F9S. 71(pa) inserted (1.4.2024 for specified purposes) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 6(5), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F10S. 71(pb) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 9(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F11S. 71(pc) inserted (1.10.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 7(4), 21(2); S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
Commencement Information
I1S. 71 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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