Charities and Trustee Investment (Scotland) Act 2005, Section 70 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 person who acts as a charity trustee while disqualified by virtue of section 69 is guilty of an offence and liable—
(a)on summary conviction, to imprisonment for a period not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both,
(b)on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine or both.
(2)Any acts done as a charity trustee by a person disqualified by virtue of section 69 from being a charity trustee are not invalid by reason only of the disqualification.
(3)In section 69(2)(b), “undischarged bankrupt” means a person—
(a)whose estate has been sequestrated, who has been adjudged bankrupt or who has granted a trust deed for or entered into an arrangement with creditors, and
(b)who has not been discharged under or by virtue of—
(i)section [F1137, 138 or 140 of the Bankruptcy (Scotland) Act 2016 ],
F2(ii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(iii)section 279 or 280 of the Insolvency Act 1986 (c. 45), or
(iv)any other enactment or rule of law subsisting at the time of the person's discharge.
Textual Amendments
F1Words in s. 70(3)(b)(i) substituted (30.11.2016) by Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 22(a) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
F2S. 70(3)(b)(ii) omitted (30.11.2016) by virtue of Bankruptcy (Scotland) Act 2016 (asp 21), s. 237(2), sch. 8 para. 22(b) (with ss. 232, 234(3), 235, 236); S.S.I. 2016/294, reg. 2
Commencement Information
I1S. 70 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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