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The Public Trusts (Reorganisation) (Scotland) Regulations 1993

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Regulation 7

SCHEDULE 6FORM OF NOTICE OF PROPOSAL TO EXPEND THE CAPITAL OF A PUBLIC TRUST UNDER SECTION 11(3) OF THE ACT

[Name of public trust]

Proposed expenditure of capital

Notice is hereby given that, in accordance with section 11(2) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, the trustees of [specify name of public trust]–

(a)have resolved unanimously that the income of the trust is too small to enable the trust purposes to be achieved; and

(b)are satisfied [delete whichever of the following statements does not apply] [that there is no reasonable prospect of effecting a transfer of the trust’s assets under section 10 of that Act] [that the expenditure of capital is more likely to achieve the purposes of the trust],

and, accordingly, intend to expend the capital of the trust which amounts, in total, to [specify amount in sterling]. Such expenditure cannot take place before [specify date which is not less than 2 months after the date of the advertisement].

The Lord Advocate has been notified of this intention. If it appears to the Lord Advocate that there are insufficient grounds for the expenditure of capital, he may apply to the court for an order prohibiting such expenditure..

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