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Section 3 Scottish Charity RegisterI1I2

(1)

OSCR must keep a register of charities to be known as the “Scottish Charity Register” (and referred to in this Act as “the Register”).

(2)

The Register is to be kept in such manner as OSCR thinks fit.

C1(3)

The Register must contain a separate entry for each charity entered in it setting out—

(a)

the name of the charity,

F1(aa)

the name of each of its charity trustees,

(b)

the principal office of the charity or, where it does not have such an office, the name and address of one of its charity trustees,

(c)

the purposes of the charity,

(d)

where the charity is a designated religious charity or a designated national collector, that fact,

(e)

where—

(i)

a direction is given under section 11(3), 12(2) F2, (2A) or (3), 16(6), 28(3), 30(1) F3, 30A(2) F4, 30B(2) or 31(5) to (9), or

(ii)

a notice is given under section 31(4) F5or 45A(2),

in relation to the charity, the fact that the direction or notice has been given and the date on which it was given,

(f)

any other information in relation to the charity which the Scottish Ministers by regulations require to be set out in the Register, and

(g)

any other information in relation to the charity which OSCR considers appropriate.

F6(4)

Despite subsection (3)(aa) and (b), OSCR must exclude any information of the type specified in those provisions from a charity’s entry in the Register where—

(a)

the information is the subject of an application for exclusion (whether as part of the application for the entry of a body in the Register or, subsequently, by a charity or any of its trustees), and

(b)

OSCR is satisfied that including the information in the entry would be likely to jeopardise the safety or security of any person or premises.

(5)

OSCR must, if it is satisfied that a direction or notice of a type described in subsection (3)(e) has been complied with or no longer has effect, remove reference to the direction or notice from the charity's entry.

(6)

OSCR F7...—

(a)

F8may, from time to time, review F9any entry in the Register, F10...

(b)

F11must, if it considers any information set out in a charity's entry to be inaccurate—

(i)

amend the entry accordingly, and

(ii)

notify the charity of the amendment made F12, and

(c)

must, if an entry is in respect of a body which has ceased to exist, remove the entry.

Annotations

Textual amendments

F1

S. 3(3)(aa) inserted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 2(2)(a), 21(2); S.S.I. 2026/98, reg. 2(a) (with reg. 3)

F2

Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F3

Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)

F4

Word in s. 3(3)(e)(i) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

F5

Words in s. 3(3)(e)(ii) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 12(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F6

S. 3(4) substituted (5.3.2026) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 2(2)(b), 21(2); S.S.I. 2026/98, reg. 2(a) (with reg. 3)

F7

Word in s. 3(6) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F8

Word in s. 3(6)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(b)(i); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F9

Word in s. 3(6)(a) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(b)(ii); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F10

Word in s. 3(6)(a) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 3(2)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F11

Word in s. 3(6)(b) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 2(2)(c); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

F12

S. 3(6)(c) and word inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 3(2)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1

Modifications

C1

S. 3(3) disapplied (temp. until 23.8.2007) (1.4.2006) by The Scottish Charity Register (Transitional) Order 2006 (S.S.I. 2006/188), arts. 1(1), 2

Commencement

I1

S. 3 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

I2

S. 3 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

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