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The Charity Test (Specified Bodies) (Scotland) Order 2006

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2006, ISBN 0110699599

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Order laid before the Scottish Parliament under section 103(5) of the Charities and Trustee Investment (Scotland) Act 2005, for approval by resolution of the Scottish Parliament.

CHARITIES

Made 2006

Coming into force 24th April 2006

The Scottish Ministers, in exercise of the powers conferred by section 7(5) of the Charities and Trustee Investment (Scotland) Act 2005f1 and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 103(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Annotations to the whole text

Footnotes

f1

2005 asp 10.

Contents

  1. 1Citation and commencement
  2. 2Specified Bodies
  3. Signature
  4. Schedule SPECIFIED BODIES
  5. Explanatory note

1Citation and commencement

This Order may be cited as the Charity Test (Specified Bodies) (Scotland) Order 2006 and shall come into force on the 24th April 2006.

2Specified Bodies

Sections 7(4)(a) and 7(4)(b) of the Charities and Trustee Investment (Scotland) Act 2005 are disapplied in relation to the bodies specified in the Schedule to this Order.

Signature

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

2006

SPECIFIED BODIES

  1. (a)

    The National Galleries of Scotland;

  2. (b)

    The National Library of Scotland;

  3. (c)

    The National Museums of Scotland;

  4. (d)

    The Royal Botanic Garden, Edinburgh;

  5. (e)

    The Royal Commission on the Ancient and Historical Monuments of Scotland.

Explanatory note

(This note is not part of the Order)

By this Order, Scottish Ministers have disapplied paragraphs (a) and (b) of section 7(4) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the National Library of Scotland, the National Galleries of Scotland, the National Museums of Scotland, the Royal Commission of Ancient and Historical Monuments of Scotland and the Royal Botanic Garden, Edinburgh.

Section 7(4)(a) of the 2005 Act provides that if a body’s constitution allows it to distribute or otherwise apply any of its property for a non charitable purpose, it will not meet the charity test in the 2005 Act. Section 7(4)(b) of the 2005 Act provides that if a body’s constitution expressly permits the Scottish Ministers or a Minister of the Crown to direct or otherwise control its activities, it will not meet the charity test in the 2005 Act.