The Charities (Regulation and Administration) (Scotland) Act 2023 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2024

Citation, commencement and interpretation

1.—(1) These Regulations may be cited as the Charities (Regulation and Administration) (Scotland) Act 2023 (Commencement No. 1, Transitional and Saving Provisions) Regulations 2024 and come into force on 1 April 2024.

(2) In these Regulations—

“the Act” means the Charities (Regulation and Administration) (Scotland) Act 2023,

“the 2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005(1),

“OSCR” has the meaning given in section 1 of the 2005 Act, and

“Scottish Charity Register” has the meaning given in section 3 of the 2005 Act.

Appointed days

2.—(1) Subject to regulations 7 and 8, 1 April 2024 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 1 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).

(2) 1 October 2024 is the day appointed for the coming into force of the provisions of the Act specified in column 1 of the table in Part 2 of the schedule (the subject matter of which is described in the corresponding entry in column 2 of that table).

(3) Where a purpose is specified in column 3 of either table in either Part of the schedule, the corresponding provision in column 1 comes into force in accordance with paragraph (1) or (2) only for that purpose.

Transitional provision: acting trustees

3.  Where a request for the appointment of an acting trustee under section 70A(2) of the 2005 Act was—

(a) made to OSCR before 1April 2024, but

(b) has not been determined by that date,

the request is to be treated as if it were a request for the appointment of an interim trustee under section 70A(1) of the 2005 Act, as amended by section 8 of the Act(2).

Transitional provision: ability to issue positive directions

4.  Section 30B of the 2005 Act applies in relation to any inquiry under section 28 of the 2005 Act that—

(a) began before 1 April 2024, and

(b) has not been concluded by that date(3).

Transitional provision: charities which it is not appropriate for OSCR to regulate

5.  The amendments made to section 5 of the 2005 Act by section 18 of the Act apply in relation to any application for entry in the Scottish Charity Register under section 4 of the 2005 Act that—

(a) was made to OSCR before 1 April 2024, and

(b) has not been determined by that date.

Transitional provision: change of name: delaying decision or granting or refusing consent

6.  The amendments made to section 11 of the 2005 Act by paragraph 5 of the schedule of the Act apply in relation to any notice given to OSCR by a charity under section 11(2) of the 2005 Act where—

(a) such notice was given to OSCR before 1 April 2024,

(b) the period of 28 days referred to in section 11(3) of the 2005 Act has not expired, and

(c) OSCR has not directed the charity not to change its name under section 11(3) of the 2005 Act.

Savings

7.  Despite the commencement of section 16 of the Act (notice and obtaining information), the amendments made by that section have no effect in relation to any notice issued by OSCR under section 29 of the 2005 Act where that notice is issued before 1 April 2024.

8.  Despite the commencement of paragraph 10 of the schedule of the Act (provision of documents), the amendments made by that paragraph have no effect in relation to any request made to a charity under section 23(1) of the 2005 Act where that request is made before 1 April 2024.

SHIRLEY-ANNE SOMERVILLE

A member of the Scottish Government

St Andrew’s House,

Edinburgh

21st February 2024