Charities and Trustee Investment (Scotland) Act 2005, Section 73 is up to date with all changes known to be in force on or before 09 June 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)Unless subsection (2) or (3) provides otherwise, a decision to which this Chapter applies (and any direction, requirement, suspension or other act in pursuance of such a decision) has effect from the day on which the notice required by section 72 is given.
(2)A decision referred to in section 71(d), (i), [F1(ia),] [F2(ib), (ic),] [F3(id),] [F4(mb),] (o) [F5, (pb)] or (r) (and any direction, requirement, suspension or other act in pursuance of such a decision) is of no effect unless and until the notice required by section 72 is given and—
(a)the period within which OSCR must, on request, review the decision expires without a request being made, or
(b)where OSCR, on a request made within that period, confirms the decision (with or without variations)—
(i)the period within which that decision by OSCR may be appealed under section 76 to the [F6First-tier Tribunal] expires without an appeal being made, or
(ii)where such an appeal is made, it is abandoned or finally determined (by the [F7First-tier Tribunal] or, as the case may be, the [F8Upper Tribunal] ).
(3)A decision referred to in section 71(h) (and any corresponding requirement) is of no effect unless and until [F9any notice] required by section 72 is given and—
(a)the period within which OSCR must, on request, review the decision expires without a request being made, or
(b)where such a request is made, the date on which OSCR confirms the decision (with or without variations).
Textual Amendments
F1Word in s. 73(2) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 121(3), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
F2Words in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(7), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
F3Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(11), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F4Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 12(6), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F5Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 9(4), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F6Words in s. 73(2)(b)(i) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(a)
F7Words in s. 73(2)(b)(ii) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(b)(i)
F8Words in s. 73(2)(b)(ii) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(b)(ii)
F9Words in s. 73(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 16(4), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)
Commencement Information
I1S. 73 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
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