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Section 16 Changes which require OSCR's consentI1

C1(1)

A charity may take any action set out in subsection (2) only with OSCR's consent and in accordance with any conditions attached to any such consent.

(2)

Those actions are—

(a)

amending its constitution so far as it relates to its purposes,

(b)

amalgamating with another body,

(c)

winding itself up or dissolving itself,

(d)

applying to the court in relation to any action set out in paragraphs (a) to (c).

(3)

Subsection (1) does not apply in relation to any action—

(a)

in pursuance of an approved reorganisation scheme, or

(b)

for which OSCR's consent is required by virtue of any other enactment.

(4)

Where a charity proposes to take any action set out in subsection (2) it must F1... give notice to OSCR of the proposal F2... F3(unless the action is one for which, by virtue of subsection (3), consent under subsection (1) is not required).

(5)

In the case of an action set out in subsection (2)(a), the charity must not proceed unless and until OSCR has given its consent.

(6)

In any other case, unless OSCR, within 28 days of the date on which notice is given under subsection (4)—

(a)

refuses its consent, or

(b)

directs the charity not to take the action for a period of not more than 6 months specified in the direction,

OSCR is to be taken as having consented to it.

(7)

A direction under subsection (6)(b)—

(a)

may be revoked at any time,

(b)

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.

(8)

Where OSCR gives such a direction it must, after making such inquiries as it thinks fit—

(a)

give its consent, whether or not subject to conditions, or

(b)

refuse its consent.

Annotations

Textual amendments

F1

Words in s. 16(4) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(3)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F2

Words in s. 16(4) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 7(3)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F3

Words in s. 16(4) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 8(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

Modifications

C1

S. 16(1) excluded (1.4.2011) by The Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011 (S.S.I. 2011/237), regs. 1(1), 2(1)

Commencement

I1

S. 16 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

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