Section 11 Change of nameI1
A charity may change its name only with OSCR's consent.
A charity which proposes to change its name must F1... give notice to OSCR specifying its proposed new name.
Unless OSCR, within 28 days of the date on which a notice is given under subsection (2) F2—
refuses its consent, or
directs the charity not to change its name to that proposed new name for a period of not more than 6 months specified in the direction,
F3OSCR is to be taken as having given its consent.
A direction under subsection (3)(b)—
may be revoked at any time,
may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—
give its consent, whether or not subject to conditions, or
refuse its consent.
OSCR may, at the request of a charity, grant consent to a different proposed new name than that specified by the charity in the notice given by it under subsection (2).
Annotations
Textual amendments
- F1
Words in s. 11(2) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
- F2
Words in s. 11(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(a)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
- F3
Words in s. 11(3) repositioned (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(a)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
- F4
S. 11(3A)(3B) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
- F5
Words in s. 11(4) renumbered as s. 11(4)(a) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(c)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
- F6
S. 11(4)(b) and word inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(c)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
- F7
S. 11(5) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 5(2)(d); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
Commencement
- I1
S. 11 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