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F1Part 1SCharities

Textual Amendments

F1Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

[F1Chapter 5ASReorganisation of restricted funds

43AReorganisation of restricted funds: applications by charityS

(1)OSCR may, on the application of a charity, approve a restricted funds reorganisation scheme proposed by the charity if—

(a)it considers—

(i)that any of the conditions specified in subsection (2) is satisfied in relation to the restricted funds, and

(ii)that the proposed reorganisation will enable the resources of the restricted funds to be applied to better effect for charitable purposes consistently with the charity's constitution, and

(b)it is satisfied that the charity is unable to ascertain the wishes of the donor.

(2)The conditions are—

(a)that some or all of the purposes of the restricted funds—

(i)have been fulfilled as far as possible or adequately provided for by other means,

(ii)can no longer be given effect to (whether or not in accordance with the directions or spirit of the restricted funds' purposes),

(iii)have ceased to be charitable purposes,

(iv)have ceased in any other way to provide a suitable and effective method of using the funds, having regard to the spirit of the restricted funds' purposes,

(b)that the purposes of the restricted funds provide a use for only part of its property.

(3)The Scottish Ministers may by regulations make such provision as they think fit in relation to making and determining applications under this section.

(4)Such regulations may in particular make provision about—

(a)the form and manner in which applications must be made,

(b)the period within which OSCR must make a decision on an application,

(c)publication of proposed restricted funds reorganisation schemes,

(d)the action a charity may take in order to satisfy OSCR of the matters described in subsection (1)(b),

and may make different provision in relation to different types of charity.]