Charities and Trustee Investment (Scotland) Act 2005, Section 16 is up to date with all changes known to be in force on or before 18 May 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.
(1)A charity may take any action set out in subsection (2) only with OSCR's consent and in accordance with any conditions attached to any such consent.
(2)Those actions are—
(a)amending its constitution so far as it relates to its purposes,
(b)amalgamating with another body,
(c)winding itself up or dissolving itself,
(d)applying to the court in relation to any action set out in paragraphs (a) to (c).
(3)Subsection (1) does not apply in relation to any action—
(a)in pursuance of an approved reorganisation scheme, or
(b)for which OSCR's consent is required by virtue of any other enactment.
(4)Where a charity proposes to take any action set out in subsection (2) it must F1... give notice to OSCR of the proposal F2... [F3(unless the action is one for which, by virtue of subsection (3), consent under subsection (1) is not required).]
(5)In the case of an action set out in subsection (2)(a), the charity must not proceed unless and until OSCR has given its consent.
(6)In any other case, unless OSCR, within 28 days of the date on which notice is given under subsection (4)—
(a)refuses its consent, or
(b)directs the charity not to take the action for a period of not more than 6 months specified in the direction,
OSCR is to be taken as having consented to it.
(7)A direction under subsection (6)(b)—
(a)may be revoked at any time,
(b)may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
(8)Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—
(a)give its consent, whether or not subject to conditions, or
(b)refuse its consent.
Textual Amendments
F1Words in s. 16(4) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(3)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F2Words in s. 16(4) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(3)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F3Words in s. 16(4) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 8(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Modifications etc. (not altering text)
C1S. 16(1) excluded (1.4.2011) by The Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011 (S.S.I. 2011/237), regs. 1(1), 2(1)
Commencement Information
I1S. 16 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))
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