The Public Trusts (Reorganisation) (Scotland) Regulations 1993

Regulation 3(1)(a)

SCHEDULE 1 FORM OF NOTICE OF RESOLUTION UNDER SECTION 10(3) OF THE ACT

“[Name of small trust]

Notice of proposed modification of trust purposes

Notice is hereby given that the trustees of [specify name of small trust] have passed a resolution under section 10(3) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 that the trust deed be modified by replacing the trust purposes by other purposes specified in the resolution.

A copy of the trust deed and of the resolution may be inspected at [specify address] between [specify between what dates and hours].

Any person with an interest in the purposes of the trust may object to what is proposed by sending his objection, in writing, to the trustees at [specify address] to arrive not later than [specify date ie 14 days after the date of publication of this notice]. The objection should state the objector’s name and address, his interest in the trust purposes, and his objection and reasons for the objection.

Any such objection will be sent to the Lord Advocate by the trustees with their comments and the objector will be given another opportunity to comment. The Lord Advocate has power to direct the trust not to proceed with the modification.”.

Regulation 3(1)(b)

SCHEDULE 2 FORM OF NOTICE OF RESOLUTION UNDER SECTION 10(8) OF THE ACT

“[Name of small trust]

Notice of proposed winding-up and transfer of assets

Notice is hereby given that the trustees of [specify name of small trust] have passed a resolution under section 10(8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 to wind up the trust and to transfer its assets amounting to [specify amount in sterling] to [specify name of receiving trust or trusts].

A copy of the trust deed of [specify names of small trust and receiving trust or trusts] and of the resolution may be inspected at [specify address] between [specify between what dates and hours].

Any person with an interest in the purposes of the [specify name of small trust] may object to what is proposed by sending his objection, in writing, to the trustees at [specify address] to arrive not later than [specify date ie 14 days after the date of publication of this notice]. The objection should state the objector’s name and address, his interest in the trust purposes, and his objection and reasons for the objection.

Any such objection will be sent to the Lord Advocate by the trustees with their comments and the objector will be given another opportunity to comment. The Lord Advocate has power to direct the [specify name of small trust] not to proceed with the winding-up and transfer of funds.”.

Regulation 3(1)(c)

SCHEDULE 3 FORM OF NOTICE OF RESOLUTION UNDER SECTION 10(10) OF THE ACT

“[Name of small trust]

Notice of proposed amalgamation

Notice is hereby given that the trustees of [specify name of small trust] have passed a resolution under section 10(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 that the trust be amalgamated with [specify name of the other trust or trusts]. The trust to be constituted by such amalgamation is proposed to be known as [specify name of proposed new trust].

A copy of the resolution, of the trust deeds of [specify name of small trust and of the trust or trusts with which it is proposed to be amalgamated] and of the draft of the trust deed of [specify name of proposed new trust] may be inspected at [specify address] between [specify between what dates and hours].

Any person with an interest in the purposes of [specify name of small trust] may object to what is proposed by sending his objection, in writing, to the trustees at [specify address] to arrive not later than [specify date ie 14 days after the date of publication of this notice]. The objection should state the objector’s name and address, his interest in the trust purposes, and his objection and reasons for the objection.

Any such objection will be sent to the Lord Advocate by the trustees with their comments and the objector will be given another opportunity to comment. The Lord Advocate has the power to direct the [specify name of small trust] not to proceed with the amalgamation.”.

Regulation 3(2)

SCHEDULE 4 FORM OF COMBINED NOTICE OF RESOLUTIONS UNDER SECTION 10(8) OF THE ACT

“NOTICE OF PROPOSED WINDING-UP AND TRANSFER OF ASSETS OF SMALL TRUSTS

Notice is hereby given that the trustees of each of the trusts listed in column 1 of the Annex to this notice have passed a resolution under section 10(8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 that each of these trusts be wound up and that its assets amounting to the amount specified in relation to that trust in column 2 of that Annex, be transferred to [specify name of receiving trust].

A copy of the resolutions passed by the trustees of each of those trusts, of the trust deeds of each of those trusts and of [specify name of receiving trust] may be inspected at the address or addresses specified in column 3 of the Annex to this notice between [specify between what dates and hours].

Any person with an interest in the purposes of any of those trusts may object to what is proposed by sending his objection, in writing, to the trustees of the trust concerned at the address specified in relation to that trust in column 3 of the Annex to this notice to arrive not later than [specify date ie 14 days after the date of publication of this notice]. The objection should state the objector’s name and address, his interest in the trust purposes and his objection and reasons for the objection.

Any such objection will be sent to the Lord Advocate by the trustees with their comments and the objector will be given another opportunity to comment. The Lord Advocate has the power to direct any or all of the small trusts not to proceed with the winding up and transfer of funds.

ANNEX

Column 1	Column 2	Column 3
Name of small trusts	Amount of assets	Address of small trusts”

Regulation 3(3)

SCHEDULE 5 FORM OF COMBINED NOTICE OF RESOLUTIONS UNDER SECTION 10(10) OF THE ACT

“NOTICE OF PROPOSED AMALGAMATION OF SMALL TRUSTS

Notice is hereby given that the trustees of each of the trusts listed in column 1 of the Annex to this notice have passed a resolution under section 10(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 that these trusts be amalgamated with each other. The trust to be constituted by such amalgamation is proposed to be known as [specify name of proposed new trust].

A copy of the resolution passed by the trustees of each of those trusts, of the trust deeds of each of those trusts and of the draft of the trust deed of the [specify name of proposed new trust] may be inspected at the address or addresses specified in column 2 of the Annex to this notice between [specify between what dates and hours].

Any person with an interest in the purposes of any of those trusts may object to what is proposed by sending his objection, in writing, to the trustees of the trust concerned at the address specified in relation to that trust in column 2 of the Annex to this notice to arrive not later than [specify date ie 14 days after date of publication of this notice]. The objection should state the objector’s name and address, his interest in the trust purposes and his objection and reasons for the objection.

Any such objection will be sent to the Lord Advocate by the trustees with their comments and the objector will be given another opportunity to comment. The Lord Advocate has the power to direct any or all of the small trusts not to proceed with the amalgamation.

ANNEX

Column 1	Column 2
Name of small trusts	Address of small trusts”.

Regulation 7

SCHEDULE 6 FORM 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.”.