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Section 32 Suspensions and directions under section 31: procedureF5I1

(1)

A suspension under subsection (4) and a direction under any of subsections (5) to (9) of section 31—

(a)

has effect for such period of not more than 6 months as is specified in the suspension or direction,

(b)

may be revoked at any time,

(c)

may be varied, but not so as to have effect for a period of more than 6 months from the date on which the suspension or direction first has effect.

(2)

Where such a suspension has been made or direction has been given,

F1(a)

a further suspension or direction may be made or given under section 31 F2(in addition to any direction that may be given under section 30B), but

F3(b)

the further suspension or direction F4under section 31 ceases to have effect on the same date as the original suspension or direction (unless stated to cease to have effect earlier).

(3)

A copy of the notice given under section 72 in respect of a—

(a)

suspension under subsection (4) of section 31, or

(b)

direction under subsection (5)(b) or (d) or (8) of that section,

must be given to the charity or body in question.

(4)

A copy of the notice given under section 72 in respect of a direction under subsection (7) or (9) of that section must be given to the person directed.

(5)

A person who, without reasonable excuse—

(a)

contravenes a suspension under subsection (4) of section 31, or

(b)

refuses or fails to comply with a direction under any of subsections (5) to (9) of that section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a period not exceeding 6 months, or to both.

Annotations

Textual amendments

F1

Words in s. 32(2) renumbered as s. 32(2)(a) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

F2

Words in s. 32(2)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

F3

Words in s. 32(2) renumbered as s. 32(2)(b) (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(c), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

F4

Words in s. 32(2)(b) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(5)(d), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

F5

S. 32 heading substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(6), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)

Commencement

I1

S. 32 in force at 1.4.2006 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