Citation, commencement and application
1.—(1) These Regulations may be cited as the Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Amendment Regulations 2013 and come into force on 6th January 2014.
(2) These Regulations apply in respect of any direction by OSCR under section 12 of the Charities and Trustee Investment (Scotland) Act 2005 (power of OSCR to require a charity to change name) made on or after 6th January 2014.
Amendment of the Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011
2.—(1) The Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011(1) are amended as follows.
(2) In regulation 2(2) (application of the 2005 Act), for “section 18 of the 2005 Act accordingly does” substitute “sections 12(5) and 18 of the 2005 Act accordingly do”.
(3) In regulation 8 (SCIOs failing to comply with direction)—
(a)after paragraph (2) insert—
“(2A) Where it appears to OSCR that a SCIO has failed to comply with a direction under section 12(2) or (3) of the 2005 Act, OSCR must direct the SCIO to make, within such period as may be specified in the direction, an application to OSCR under regulation 3 or regulation 4 of these Regulations to be removed from the Register and dissolved”; and
(b)in paragraphs (3), (4)(b) and (5), for “or (2)” each time it occurs, substitute “, (2) or (2A)”.
JOHN SWINNEY
A member of the Scottish Government
St Andrew’s House,
Edinburgh
17th December 2013