http://www.legislation.gov.uk/ssi/2006/220/madeThe Protection of Charities Assets (Exemption) (Scotland) Order 2006Further and higher educationFurther and higher education managementFurther education collegesHistoric buildingsKing's Printer for Scotland2017-01-23CHARITIES By this Order, Scottish Ministers have disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the property and income owned by the bodies listed in the Schedule to the Order. The Protection of Charities Assets (Exemption) (Scotland) Order 2006art. 2(c)The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(2)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 2The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(3)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 3The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(4)(a)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 3The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(4)(b)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 3The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(4)(c)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 3The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(4)(d)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 3The Post-16 Education (Scotland) Act 2013 (Modification of Legislation) Order 2015Sch. para. 9(4)(e)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 1The Charity Test (Specified Bodies) and the Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2015art. 3art. 1(2)The Protection of Charities Assets (Exemption) (Scotland) Order 2006scheduleThe Bell College of Technology (Transfer and Closure) (Scotland) Order 2007reg 7 scheduleThe Protection of Charities Assets (Exemption) (Scotland) Order 2006art 2The Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007art 2The Protection of Charities Assets (Exemption) (Scotland) Order 2006scheduleThe Protection of Charities Assets (Exemption) (Scotland) Amendment Order 2007SSI 525The Protection of Charities Assets (Exemption) (Scotland) Order 2006sch. Pt. 3The Abertay University and Robert Gordon University (Change of Names) (Miscellaneous Amendments) (Scotland) Order 2020art. 3(a)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006sch. Pt. 3The Abertay University and Robert Gordon University (Change of Names) (Miscellaneous Amendments) (Scotland) Order 2020art. 3(b)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006sch. Pt. 3The Abertay University and Robert Gordon University (Change of Names) (Miscellaneous Amendments) (Scotland) Order 2020art. 3(c)art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006scheduleThe Protection of Charities Assets (Exemption) and the Charity Test (Specified Bodies) (Scotland) Amendment Order 2008art 2The Protection of Charities Assets (Exemption) (Scotland) Order 2006scheduleThe Protection of Charities Assets (Exemption) and the Charity Test (Specified Bodies) (Scotland) Amendment Order 2008art 3The Protection of Charities Assets (Exemption) (Scotland) Order 2006sch. Pt. 1The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2010art. 12art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006Sch. Pt. 1The National Library of Scotland Act 2012 (Consequential Modifications) Order 2013art. 3art. 1The Protection of Charities Assets (Exemption) (Scotland) Order 2006sch. 1 Pt. 1The Education (Scotland) Act 2025 (Consequential Provisions) Regulations 2025sch. para. 3reg. 1 The Protection of Charities Assets (Exemption) (Scotland) Order 2006 2006 No. 220 CHARITIES The Protection of Charities Assets (Exemption) (Scotland) Order 2006 Made 21st April 2006 Coming into force 24th April 2006 The Scottish Ministers, in exercise of the powers conferred by sections 19(8) and (9) of the Charities and Trustee Investment (Scotland) Act 2005 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 103(5) of that Act, been laid before and approved by resolution of the Scottish Parliament: Citation and commencement 1 This Order may be cited as the Protection of Charities Assets (Exemption) (Scotland) Order 2006 and shall come into force on the 24th April 2006. Protection of Assets 2 Subsections (1) to (7) of section 19 of the Charities and Trustee Investment (Scotland) Act 2005 are disapplied in relation to the property owned by— a the bodies specified in Part 1 (Non-departmental Public Bodies) and Part 2 (Further Education Colleges) of the Schedule to this Order; and b the Higher Education Institutions specified in the first column in Part 3 of the Schedule to this Order and the corresponding governing bodies specified in the second column in Part 3 of that Schedule. MALCOLM CHISHOLM A member of the Scottish Executive
St Andrew’s House, Edinburgh
21st April 2006 SCHEDULE SPECIFIED BODIES Article 2 Part 1 – Non-departmental Public Bodies

The Board of Trustees of the National Galleries of Scotland The Board of Trustees of the National Museums of Scotland The Board of Trustees of the Royal Botanic Garden Edinburgh The General Teaching Council for Scotland Learning and Teaching Scotland Royal Commission on the Ancient and Historical Monuments of Scotland National Theatre of Scotland Scottish Arts Council Scottish Natural Heritage Scottish Qualifications Authority Scottish Screen Scottish Sports Council The Trustees of the National Library of Scotland

Part 2 – Further Education Colleges

The Board of Management of Aberdeen College of Further Education The Board of Management of Adam Smith College, Fife The Board of Management of Angus College of Further Education The Board of Management of Anniesland College The Board of Management of Ayr College The Board of Management of Banff and Buchan College of Further Education The Board of Management of the Barony College The Board of Management of Borders College The Board of Management of Cardonald College The Board of Management of Central College of Commerce The Board of Management of Clydebank College The Board of Management of Coatbridge College The Board of Management of Cumbernauld College The Board of Management of Dumfries and Galloway College The Board of Management of Dundee College The Board of Management of Edinburgh’s Telford College The Board of Management of Elmwood College The Board of Management of Forth Valley College of Further and Higher Education The Board of Management of Glasgow College of Nautical Science The Board of Management of Glasgow Metropolitan College The Board of Management of Inverness College The Board of Management of James Watt College of Further and Higher Education The Board of Management of Jewel and Esk Valley College The Board of Management of John Wheatley College The Board of Management of Kilmarnock College The Board of Management of Langside College The Board of Management of Lauder College The Board of Management of Lews Castle College The Board of Management of Moray College The Board of Management of Motherwell College The Board of Management of Newbattle Abbey College The Board of Management of North Glasgow College The Board of Management of the North Highland College The Board of Management of Oatridge Agricultural College The Board of Management of Orkney College The Board of Management of Perth College The Board of Management of Reid Kerr College The Board of Management of Sabhal Mòr Ostaig The Board of Management of Shetland College The Board of Management of South Lanarkshire College The Board of Management of Stevenson College Edinburgh The Board of Management of Stow College The Board of Management of West Lothian College

Part 3 – Higher Education Institutions
Higher Education InstitutionGoverning Body
Bell College of TechnologyBoard of Governors
Edinburgh College of ArtBoard of Governors
Glasgow Caledonian UniversityUniversity Court
Glasgow School of ArtThe Governors
Heriot-Watt UniversityUniversity Court
Napier UniversityUniversity Court
The Open University (so far as carrying on activities in or as regards Scotland)The Council
Queen Margaret University CollegeGoverning Body
The Robert Gordon UniversityThe Governors
Royal Scottish Academy of Music and DramaBoard of Governors
UHI Millennium InstituteBoard of Governors
University of AberdeenUniversity Court
University of Abertay, DundeeUniversity Court
University of DundeeUniversity Court
University of EdinburghUniversity Court
University of GlasgowUniversity Court
University of PaisleyUniversity Court
University of St. AndrewsUniversity Court
University of StirlingUniversity Court
University of StrathclydeUniversity Court
(This note is not part of the Order)

By this Order, Scottish Ministers have disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the property and income owned by the bodies listed in the Schedule to the Order.

Section 19(1) of the 2005 Act provides that when a body is removed from the Scottish Charity Register (established by section 3 of the 2005 Act), it remains under a duty to apply property and income held by it before it was removed, in accordance with its purposes as set out on the register. Section 19(2) to (7) of the 2005 Act protects such assets and ensures that the Scottish Charity Regulator (established by section 1 of the 2005 Act), can continue to oversee the use of the property and income even though the body holding that property and income is no longer a charity, by ensuring that several provisions of the 2005 Act continue to apply to the body in so far as they relate to property and income.

2005 asp 10.