Part 9

Charities

Reorganisation of charities
124
1
In section 39 of the 2005 Act (reorganisation of charities: applications by charity)—
a
in subsection (1)(b)(ii), after “paragraph (c)” insert “or (d)”,
b
after subsection (1) insert—
1A
But OSCR must not approve a reorganisation scheme where—
a
the reorganisation condition satisfied is that set out in section 42(2)(d), and
b
the proposed provision would enable the charity to make amendments to its constitution which would not be consistent with the spirit of the constitution.
.
2
In section 40 of that Act (reorganisation of charities: applications by OSCR)—
a
in subsection (1)(b)(ii), after “paragraph (c)” insert “or (d)”,
b
after subsection (2) insert—
2A
But the Court of Session must not approve a reorganisation scheme where—
a
the reorganisation condition satisfied is that set out in section 42(2)(d), and
b
the proposed provision would enable the charity to make amendments to its constitution which would not be consistent with the spirit of the constitution.
.
3
In section 42(2) of that Act (reorganisation: supplementary)—
a
the word “and” immediately following paragraph (b) is repealed, and
b
after paragraph (c) insert
, and
d
that it is desirable to introduce a provision (other than a provision setting out a new purpose) to a charity’s constitution.
.