# The Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006

S.S.I. 2006/189 · made 31 March 2006

This Order is the third commencement order under the Charities and Trustee Investment (Scotland) Act 2005 (“the Act”).

Made under: Charities and Trustee Investment (Scotland) Act 2005 (Section 103, Section 107)

PDFs: Printed copy https://openlegislation.uk/charities-and-trustee-investment-scotland-act-2005-commencement-no-3-transitional-and-savings-provision-order-2006/pdf/ssi_20060189_en.pdf

## Introductory text

CHARITIES
Made 31st March 2006
The Scottish Ministers, in exercise of the powers conferred by sections 103(2) and 107(2) of the Charities and Trustee Investment (Scotland) Act 2005, and of all other powers enabling them in that behalf, hereby make the following Order:

## 1 Citation and interpretation

(1) This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006.
(2) In this Order, “the Act” means the Charities and Trustee Investment (Scotland) Act 2005.

## 2 Commencement of provisions

(1) The provisions of the Act specified in Part 1 of the Schedule to this Order, so far as not already in force, shall come into force on 1st April 2006.
(2) The provisions of the Act specified in Part 2 of the Schedule to this Order, so far as not already in force, shall come into force on 24th April 2006.

## 3 Transitional and savings provision

(1) Notwithstanding the repeal of sections 3, 4, 5 and 15(1) to (8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 by the coming into force of paragraph 7(b) of Schedule 4 to the Act on 1st April 2006, those provisions of the 1990 Act and the following Regulations and Orders–
(a) the Charities Accounts (Scotland) Regulations 1992;
(b) the Charities (Exemptions from Accounting Requirements) (Scotland) Regulations 1993;
(c) the Charities (Exemptions from Accounting Requirements) (Scotland) Amendment Regulations 1995;
(d) the Charities (Exemption from Accounting Requirements) (Scotland) Amendment Regulations 2000;
(e) the Charities (Designated Religious Bodies) (Scotland) Order 1993;
(f) the Charities (Designated Religious Bodies) (Scotland) Order 2005,
shall continue to apply to a charity in relation to accounts for a financial year beginning before 1st April 2006.
(2) The following provisions of the Act shall not apply to a designated religious body until 1st October 2007–
(a) subsections (1) to (6) of section 16 (in so far as those subsections relate to any action set out in subsection (2)(b) to (d) of that section);
(b) section 28(3);
(c) section 31(4) and (6);
(d) section 34(5)(c) to (e);
(e) section 69.
(3) Paragraphs (1) and (2) do not apply to a designated religious body which has been designated as a designated religious charity under section 65 of the Act.
(4) In this article, “designated religious body” means a body designated as such in either the Charities (Designated Religious Bodies) (Scotland) Order 1993 or the Charities (Designated Religious Bodies) (Scotland) Order 2005, and those Orders and section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall continue to apply for the purposes of paragraphs (2) and (3) of this article notwithstanding the repeal of that section.

## Signature

MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
31st March 2006

## 1 PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 1st APRIL 2006

Section
Subject matter
Section 1(5), except sub-section (5)(a)
Office of the Scottish Charity Regulator
Section 3
Scottish Charity Register
Section 13
References to charitable status
Section 14
Exception for certain bodies not in Register
Section 16
Changes which require OSCR’s consent
Section 17
Notification of other changes
Section 22
Power of OSCR to obtain information from charities
Section 28
Inquiries about charities etc.
Section 29
Power of OSCR to obtain information for inquiries
Section 31
Powers of OSCR following inquiries
Section 32
Suspensions and directions: procedure
Section 33
Reports on inquiries
Section 34
Powers of Court of Session
Section 35
Transfer schemes
Section 36
Powers in relation to English and Welsh charities
Section 37
Expenses
Section 38
Delegation of functions
Section 43
Endowments
Section 44
Accounts
Section 45
Failure to provide statement of account
Section 46
Duty of auditors etc. to report matters to OSCR
Section 47
Dormant accounts of charities
Section 48
Dormant accounts of charities: procedure and interpretation
Section 65
Designated religious charities
Section 66
Charity trustees: general duties
Section 67
Remuneration for services
Section 68
Remuneration: supplementary
Section 69
Disqualification from being charity trustee
Section 70
Disqualification: supplementary
Section 71
Decisions
Section 72
Notice of decisions
Section 73
Effect of decisions
Section 74
Review of decisions
Section 76
Appeals to Scottish Charity Appeals Panel
Section 77
Reconsideration of decision remitted to OSCR
Section 78
Appeals to Court of Session
Section 99
Population of Register etc.
Section 104
Minor and consequential amendments and repeals
Section 105
Meaning of “control” etc.
Paragraphs 1, 2, 3, 4, 5(a), 6, 7, 10, 12 to 19 of Schedule 4
Minor and consequential amendments and repeals

## 2 PROVISIONS OF THE ACT WHICH COME INTO FORCE ON 24th APRIL 2006

Section
Subject matter
Section 1(5)(a)
Office of the Scottish Charity Regulator
Section 2
Annual reports
Section 4
Application for entry in Register
Section 5
Determination of applications
Section 6
Applications: further procedure
Section 7
The charity test
Section 8
Public benefit
Section 10
Objectionable names
Section 11
Change of name
Section 12
Power to OSCR to require charity to change name
Section 15
References in documents
Section 18
Removal from Register
Section 19
Removal from Register: protection of assets
Section 20
Co operation
Section 21
Public access to Register
Section 23
Entitlement to information about charities
Section 24
Disclosure of information by and to OSCR
Section 25
Removal of restrictions on disclosure of certain information
Section 26
False or misleading information etc
Section 27
Disclosure of information: entitlement under other enactments etc.
Section 30
Removal from Register of charity which no longer meets charity test
Section 80
Representation and solicitation
Section 81
Prohibition on professional fundraising without formal agreement
Section 82
Prevention of unauthorised fundraising
Section 83
Regulations about fundraising
Section 100
Notices, applications etc.
Section 101
Offences by bodies corporate etc.
Paragraph 9 of Schedule 4
Minor and consequential amendments and repeals

## Explanatory note

(This note is not part of the Order)
This Order is the third commencement order under the Charities and Trustee Investment (Scotland) Act 2005 (“the Act”).
Article 2 and the Schedule to this Order brings into force on 1st April and 24th April 2006 all the provisions of the Act that are not already in force with the exception of sections 39 to 42 which relate to the reorganisation of charities, sections 49 to 64 of the Act which relate to Scottish Charitable Incorporated Organisations, sections 84 to 92 which relate to public benevolent collections and section 96 (power of a charity to participate in certain financial schemes). All of schedule 4 is commenced by this Order with the exception of paragraphs 5(b) and (c), 8 and 11.
Article 3 makes transitional and savings provisions in relation to the accounts of charities and designated religious bodies. It also provides that certain provisions of the Act are not to apply to designated religious bodies until 31st October 2007 or until those bodies become designated religious charities in terms of section 65 of the Act. Article 3(3) provides the transitional and savings provision shall cease to have effect if a designated religious body is designated as a religious charity in terms of section 65 of the Act.

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Source: https://www.legislation.gov.uk/ssi/2006/189 (the official version)
Page: https://openlegislation.uk/charities-and-trustee-investment-scotland-act-2005-commencement-no-3-transitional-and-savings-provision-order-2006
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.