Explanatory Notes

Public Services Reform (Scotland) Act 2010

2010 asp 8

28 April 2010

The Act

Part 9 - Charities

Section 122 - Powers of Court of Session: deemed removal of persons

330.This section introduces a new section 34(5)(ea) to the 2005 Act to provide that the Court of Session may make an order which has the effect of deeming a person to be removed from the management or control of a charity or body, even if that person is no longer involved with the management or control of the charity or body, the charity or body has ceased to exist, the body is no longer a charity or the body is not longer controlled by a charity.

331.The effect of this order is that the person in respect of whom it was made is disqualified, under section 69 of the 2005 Act, from acting as a charity trustee in the future.