Section 2 Appointment of judicial factor: charitiesI1

Scotland Not yet in force

(1)

Where an application is made under section 1 (1) for the appointment of a judicial factor on the estate of a charity, the applicant must without delay—

(a)

intimate the application to the Office of the Scottish Charity Regulator (“OSCR”) (unless the applicant is OSCR), and

(b)

give notice that an application has been made to the general public by way of advertisement.

(2)

Where the court is minded under section 1 (3)(a)(i) to appoint a judicial factor on the estate of a charity, the clerk of court must, before the appointment is made and without delay—

(a)

intimate that fact to OSCR, and

(b)

give notice of that fact to the general public by way of advertisement.

(3)

Where a motion is made under section 1 (3)(a)(ii) for the appointment of a judicial factor on the estate of a charity, the party making the motion must without delay—

(a)

intimate the motion to OSCR (unless that party is OSCR), and

(b)

give notice that a motion has been made to the general public by way of advertisement.

(4)

The court may dispense with the requirement to give notice—

(a)

under subsection (1)(b) or (3)(b) on cause shown,

(b)

under subsection (2)(b) where the court considers such dispensation to be appropriate.

Annotations

Commencement

I1: S. 2 not in force at Royal Assent, see s. 54(2)