Section 10 Objectionable namesI1
A body's name falls within this section if it is—
the same as, or too like, the name F1or working name of a charity,
likely to mislead the public as to the true nature of the purposes of the body or of the activities which it carries on, or intends to carry on, in pursuit of those purposes,
likely to give the impression that the body is connected in some way to the Scottish Administration, Her Majesty's Government in the United Kingdom or any local authority, or with any other person, when it is not so connected, or
offensive.
The reference in subsection (1)(b) to a body's purposes are—
in the case of an applicant, the purposes set out in the statement accompanying its application,
in the case of a charity, the purposes set out in its entry in the Register, and
in the case of an SCIO proposed in an application under section 54(1), 56(1) or 59(1), the purposes set out in the SCIO's proposed constitution accompanying the application.
Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.
Annotations
Textual amendments
- F1
Words in s. 10(1)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(3)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
- F2
S. 10(3) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(3)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Commencement
- I1
S. 10 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2
Notes on Part 1
Textual amendments
- F1
Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2