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Section 23 Entitlement to information about charitiesI1I2

(1)

A person who requests a charity to provide a copy of its—

(a)

constitution,

(b)

latest statement of account F1and independent report on accounts prepared under section 44,

is, if the request is reasonable, entitled to be given that copy constitution or copy statement of account F2and independent report on accounts (if any) by the charity F3....

F4(1A)

Where a person is entitled to a copy document under subsection (1), the person is entitled to be given it—

(a)

within 28 days of the date on which the request is received by the charity, and

(b)

in such form as the person may reasonably request.

(2)

A charity may charge such fee as it thinks fit for complying with such a request; but such a fee must not exceed the cost of supplying the document requested or, if less, any maximum fee which the Scottish Ministers may by order prescribe.

(3)

The Scottish Ministers may by order exempt from the duty set out in subsection (1) any charities which meet such criteria as may be specified in the order.

Annotations

Textual amendments

F1

Words in s. 23(1)(b) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 11(3)(a), 21(2); S.S.I. 2026/98, reg. 2(c)

F2

Words in s. 23(1) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 11(3)(b), 21(2); S.S.I. 2026/98, reg. 2(c)

F3

Words in s. 23(1) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 10(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 8)

F4

S. 23(1A) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 10(3); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 8)

Commencement

I1

S. 23 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I2

S. 23 in force at 24.4.2006 in so far as not already in force 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