- Latest available (Revised)
- Original (As enacted)
Charities and Trustee Investment (Scotland) Act 2005
You are here:
What Version
Advanced Features
- Show Geographical Extent(e.g. England, Wales, Scotland and Northern Ireland)
- Show Timeline of Changes
Opening Options
More Resources
Changes over time for: Section 44
Alternative versions:
Changes to legislation:
There are currently no known outstanding effects for the Charities and Trustee Investment (Scotland) Act 2005, Section 44.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
44AccountsS
This section has no associated Explanatory Notes
(1)A charity must—
(a)keep proper accounting records,
(b)prepare for each financial year of the charity a statement of account, including a report on its activities in the financial year,
(c)have the statement of account independently examined or audited, and
[F1(ca)have the independent examiner or auditor make a report in respect of the examination or (as the case may be) audit (an “independent report on accounts”),]
(d)after [F2the independent report on accounts has been made, send a copy of the report and] statement of account to OSCR,
in accordance with regulations under subsection (4).
(2)Accounting records kept in pursuance of subsection (1)(a) must be preserved by the charity for 6 years from the end of the financial year [F3to which they relate].
[F4(2A)Where the charity ceases to be a charity before the end of the period mentioned in subsection (2), the records must be preserved for the remainder of that period by—
(a)the body which was the charity, or
(b)where that body ceases to exist, a person notified to OSCR who, immediately before it ceased to exist, was—
(i)a charity trustee of the charity, or
(ii)where the body was not a charity at that time, concerned in the management or control of the body.]
(3)[F5Subsections (2) and (2A) are] without prejudice to any other enactment or rule of law.
(4)The Scottish Ministers may by regulations make provision about the matters referred to in subsection (1) including—
(a)the meaning of “financial year”,
(b)the information to be contained in the accounting records and statement of account,
(c)the manner in which that information is to be presented,
(d)the keeping and preservation of the accounting records,
(e)the methods and principles according to which, and the time by which, the statement of account is to be prepared,
(f)the time by which the copy statement of account is to be sent to OSCR,
(g)examination or audit of the statement of account [F6(including matters relating to the independent report on accounts)],
(h)such other matters in relation to the accounts of a charity as the Scottish Ministers think necessary or expedient.
[F7(4A)Regulations under subsection (4) must be framed so that a charity is not required to include any information in its statement of account that is excluded from its entry in the Register under section 3(4).]
(5)Regulations under subsection (4) may make different provision in relation to different types of charity, including provision exempting charities of a particular type from some or all of the requirements of this section.
Textual Amendments
F1S. 44(1)(ca) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 10(2)(a)(i), 21(2); S.S.I. 2026/98, reg. 2(b)
F2Words in s. 44(1)(d) substituted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 10(2)(a)(ii), 21(2); S.S.I. 2026/98, reg. 2(b)
F3Words in s. 44(2) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 12(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F4S. 44(2A) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 12(3); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F5Words in s. 44(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 12(4); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F6Words in s. 44(4)(g) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 11(4), 21(2); S.S.I. 2026/98, reg. 2(c)
F7S. 44(4A) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 10(2)(b), 21(2); S.S.I. 2026/98, reg. 2(b)
Commencement Information
I1S. 44 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1
I2S. 44 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1
Options/Help
Print Options
PrintThe Whole Act
PrintThe Whole Part
PrintThe Whole Chapter
PrintThe Whole Cross Heading
PrintThis Section only
Legislation is available in different versions:
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
See additional information alongside the content
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Opening Options
Different options to open legislation in order to view more content on screen at once
Explanatory Notes
Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.
More Resources
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- correction slips
- links to related legislation and further information resources
Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
More Resources
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
- the original print PDF of the as enacted version that was used for the print copy
- correction slips
Click 'View More' or select 'More Resources' tab for additional information including:
- lists of changes made by and/or affecting this legislation item
- confers power and blanket amendment details
- all formats of all associated documents
- links to related legislation and further information resources
All content is available under the Open Government Licence v3.0 except where otherwise stated. This site additionally contains content derived from EUR-Lex, reused under the terms of the Commission Decision 2011/833/EU on the reuse of documents from the EU institutions. For more information see the EUR-Lex public statement on re-use.