Part 1

Charities
Chapter 4

Supervision of charities etc.

Powers of Court of Session

Transfer schemes
35
1
The Court of Session may, on an application by OSCR, approve a scheme prepared by OSCR in accordance with regulations made by the Scottish Ministers for the transfer to a charity specified in the scheme of any assets of—
a
another charity,
b
a body which is controlled by a charity (or by two or more charities, when taken together),
c
a body which is not a charity but which is or has been representing itself as a charity.
2
The court may approve a scheme in relation to a charity only if it is satisfied—
a
that there is or has been misconduct in the administration of the charity,
b
that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application of such property for its purposes, and
c
that the charity’s purposes would be better achieved by transferring its assets to another charity.
3
The court may approve a scheme in relation to a body falling with paragraph (b) of subsection (1) only if it is satisfied—
a
that there is or has been misconduct in the administration of the body or any of the charities which control it,
b
that it is necessary or desirable to act for the purpose of protecting the property of the body or any such charity, and
c
that the transfer provided for by the scheme is reasonable.
4
The court may approve a scheme in relation to a body falling within paragraph (c) of subsection (1) only if it is satisfied—
a
that the body falls within that paragraph, and
b
that the transfer provided for by the scheme is reasonable.
5
The court may approve a scheme under this section subject to modifications.
6
A charity receiving property in pursuance of a scheme approved under this section may apply that property for its purposes as it thinks fit.