The Scottish Charity Register (Transitional) Order 2006

Scottish Statutory Instruments

2006 No. 188

CHARITIES

The Scottish Charity Register (Transitional) Order 2006

Made

31st March 2006

Laid before the Scottish Parliament

31st March 2006

Coming into force

1st April 2006

The Scottish Ministers, in exercise of powers conferred by section 99(3) of the Charities and Trustee Investment (Scotland) Act 2005(1), and of all other powers enabling them in that behalf, hereby make the following Order:

Citation, commencement and interpretation

1.—(1) This Order may be cited as the Scottish Charity Register (Transitional) Order 2006 and shall come into force on 1st April 2006.

(2) In this Order, “the Act” means the Charities and Trustee Investment Act (Scotland) Act 2005.

Scottish Charity Register

2.  Section 3(3) of the Act is disapplied until 23rd August 2007 in relation to any body entered in the Register by virtue of section 99(1) of the Act.

Unregistered Charitable Bodies

3.  An unregistered charitable body may, despite any contrary provision in the Act, refer to itself as a charity until 23rd February 2007.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

31st March 2006

Explanatory Note

(This note is not part of the Order)

This Order makes transitional provisions for the purposes of commencement of section 99 of the Charities and Trustee Investment (Scotland) Act 2005 (“the Act”).

Article 2 disapplies section 3(3) of the Act until 23rd August 2007. The effect of this is that the requirement placed upon the Office of the Scottish Charity Regulator to make the entries referred to in section 3(3) of the Act will not apply until 23rd August 2007 in relation to any charity entered into the Scottish Charity Register by virtue of section 99(1).

Article 3 provides that an unregistered charitable body may continue to refer to itself as a charity until 23rd February 2007.

(1)

2005 asp 10.