Charities and Trustee Investment (Scotland) Act 2005

[F164AMeaning of “charity merger” etc.S

This section has no associated Explanatory Notes

(1)This section applies for the interpretation of sections 64B to 64E.

(2)A “charity merger” means a scheme in which—

(a)either—

(i)all the property, rights and liabilities of one or more charities (a “transferor”) are transferred to another charity (the “transferee”), or

(ii)two or more charities (“transferors”) are amalgamated and all the property, rights and liabilities of both or all of them are transferred to a new charity (the “transferee”), and

(b)the transferor (or transferors) is (or are) wound up or dissolved, or is (or are) to be wound up or dissolved, in connection with the scheme.

(3)A reference (however expressed) to—

(a)a transferor under a charity merger is a reference to a transferor within the meaning of subsection (2),

(b)a transferee under a charity merger is a reference to—

(i)the transferee within the meaning of subsection (2), if it is a company or other body corporate,

(ii)otherwise, the charity trustees of the transferee (within the meaning of subsection (2)).]

Textual Amendments