Section 73 Effect of decisionsI1

Scotland

(1)

Unless subsection (2) or (3) provides otherwise, a decision to which this Chapter applies (and any direction, requirement, suspension or other act in pursuance of such a decision) has effect from the day on which the notice required by section 72 is given.

(2)

A decision referred to in section 71(d), (i), F1(ia), F2(ib), (ic), F3(id), F4(mb), (o) F5, (pb) or (r) (and any direction, requirement, suspension or other act in pursuance of such a decision) is of no effect unless and until the notice required by section 72 is given and—

(a)

the period within which OSCR must, on request, review the decision expires without a request being made, or

(b)

where OSCR, on a request made within that period, confirms the decision (with or without variations)—

(i)

the period within which that decision by OSCR may be appealed under section 76 to the F6First-tier Tribunal expires without an appeal being made, or

(ii)

where such an appeal is made, it is abandoned or finally determined (by the F7First-tier Tribunal or, as the case may be, the F8Upper Tribunal ).

(3)

A decision referred to in section 71(h) (and any corresponding requirement) is of no effect unless and until F9any notice required by section 72 is given and—

(a)

the period within which OSCR must, on request, review the decision expires without a request being made, or

(b)

where such a request is made, the date on which OSCR confirms the decision (with or without variations).

Annotations

Textual amendments

F1: Word in s. 73(2) inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 121(3), 134(7); S.S.I. 2010/221, art. 3(2), Sch.
F2: Words in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 18(7), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
F3: Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 17(11), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
F4: Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 12(6), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F5: Word in s. 73(2) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 9(4), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F6: Words in s. 73(2)(b)(i) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(a)
F7: Words in s. 73(2)(b)(ii) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(b)(i)
F8: Words in s. 73(2)(b)(ii) substituted (12.1.2018) by The First-tier Tribunal for Scotland (Transfer of Functions of the Scottish Charity Appeals Panel) Regulations 2018 (S.S.I. 2018/1), reg. 1(1), sch. 2 para. 2(2)(b)(ii)
F9: Words in s. 73(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 16(4), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)

Commencement

I1: S. 73 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

Notes on Chapter 10

Modifications

C1: Pt. 1 Ch. 10 applied (1.4.2011) by The Scottish Charitable Incorporated Organisations (Removal from Register and Dissolution) Regulations 2011 (S.S.I. 2011/237), regs. 1(1), 3(10)