National Trust for Scotland (Governance etc.) Act 2013

2013 asp 9

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 23 May 2013 and received Royal Assent on 28th June 2013

An Act of the Scottish Parliament to alter the status of the National Trust for Scotland's president and vice-presidents; to increase the maximum term of co-option for members of its council; to abolish representative membership of its council; and to validate use of the customary abbreviation of its name.

1 President and vice-presidents S

(1) In section 18 of the 1935 Order, the following provisions are repealed—

(a) in subsection (1), the words “a president, vice-presidents who shall at no time exceed six in number,”,

(b) subsection (3),

(c) subsection (6).

(2) After section 18 of the 1935 Order insert —

“18A President and vice-presidents

(1) The National Trust for Scotland is to elect a president and may elect up to six vice-presidents.

(2) The president and any vice-presidents—

(a) must be members of the National Trust for Scotland immediately prior to their election;

(b) must not be members of the council immediately prior to their election or at any time during their term of office; and

(c) do not, by virtue of their appointment, become members of the council.

(3) The president and any vice-presidents are to be elected at the annual general meeting of the National Trust for Scotland to hold office until the succeeding annual general meeting.

(4) Subject to the terms of any regulations made in accordance with section 21(2) of this Order, the president and any vice-presidents will be eligible for re-election for any number of terms (whether consecutive or otherwise).

(5) The council must prescribe, and may amend, the individual duties and responsibilities of the president and those of each and any vice-president.”.

2 Co-opted members of council S

For section 20 of the 1935 Order, substitute—

“20 Co-opted members

(1) The council may at any time co-opt a person who is a member of the National Trust for Scotland as a member of the council.

(2) A co-opted member is to serve for the term specified by the council in accordance with regulations made in accordance with section 21(2) of this Order, but which term is not to exceed four years.

(3) The number of co-opted members on the council must not at any time exceed four.

(4) The council may at any time make any regulation as to the eligibility of co-opted members for either re-appointment as co-opted members or election to the council.”.

3 Abolition of representative membership of the council S

(1) The 1935 Order is amended in accordance with this section.

(2) In section 14—

(a) the words “(e) representative members and (f)” are repealed and the words “and (e)” are substituted,

(b) paragraphs (e) and (f) are repealed and there is substituted—

“(e) such other persons or bodies or groups of persons as may promote the purposes of the National Trust for Scotland as the council shall see fit to admit to membership with or without pecuniary contribution.”.

(3) In section 18—

(a) in subsection (1), the words “representatives of public or scientific bodies hereinafter in this Order called “representative members”” are repealed,

(b) subsections (2), (4) and (5) are repealed,

(c) in subsection (8) the words “Subject to the provisions of subsection (4) of this section” are repealed.

4 Name of the Trust S

After section 2 of the 1935 Order, insert—

“2A Name of the National Trust for Scotland

The customary name of “The National Trust for Scotland” is a valid and permitted abbreviation of the National Trust for Scotland's name, the use of which is deemed to be the use of the full name of the National Trust for Scotland, and any variation between the use of “The National Trust for Scotland for Places of Historic Interest or Natural Beauty” and “The National Trust for Scotland” is to be disregarded for all purposes.”.

5 Transitional provisions S

(1) Subject to subsection (2), the appointments of any president, vice-president or member of the council co-opted under section 20 of the 1935 Order prior to this Act coming into force are not affected by sections 1 and 2 of this Act, and any person holding such an office immediately prior to this Act coming into force will continue in office until the expiry or earlier termination of the term for which the person was appointed.

(2) On this Act coming into force, any president or vice-president whose term of office continues by virtue of subsection (1) will no longer be a member of the council, notwithstanding that the appointment was made under section 18 of the 1935 Order, but all other terms of the appointment are unaffected.

6 Interpretation S

In this Act—

• “the Trust” means The National Trust for Scotland for Places of Historic Interest or Natural Beauty, incorporated by virtue of the 1935 Order, having charity number SC007410, and having its principal office at Hermiston Quay, 5 Cultins Road, Edinburgh EH11 4DF;

• “the 1935 Order” means the National Trust for Scotland Order 1935 (as confirmed by the National Trust for Scotland Order Confirmation Act 1935).

7 Commencement S

This Act comes into force on the day after Royal Assent.

8 Short title S

The short title of this Act is the National Trust for Scotland (Governance etc.) Act 2013.