Acts of the Scottish Parliament

2005 asp 10

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9th June 2005 and received Royal Assent on 14th July 2005

An Act of the Scottish Parliament to make provision about charities and other benevolent bodies; to make provision about fundraising in connection with charities and other benevolent bodies; to amend the law in relation to the investment powers of trustees; and for connected purposes.

(a) to determine whether bodies are charities,

(b) to keep a public register of charities,

(c) to encourage, facilitate and monitor compliance by charities with the provisions of this Act,

(d) to identify and investigate apparent misconduct in the administration of charities and to take remedial or protective action in relation to such misconduct, and

(e) to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR's functions.

(a) the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted only at cases in which action is needed, and

(b) any other principle appearing to OSCR to represent best regulatory practice.

(a) prepare and publish a general report on the exercise of its functions during that year,

(b) send a copy of the report to the Scottish Ministers, and

(c) lay a copy of the report before the Scottish Parliament.

(a) the name of the charity,

(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) or (3), 16(6), 28(3), 30(1) or 31(5) to (9), or

(ii) a notice is given under section 31(4),

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.

(a) from time to time, review each entry in the Register, and

(b) 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.

(a) state the name of the body making the application (the "applicant"),

(b) state the principal office of the applicant or, where it does not have such an office, the name and address of one of the persons who, if the applicant is entered in the Register, will be its charity trustees,

(c) be accompanied by-

(i) a statement of the applicant's purposes,

(ii) a copy of the applicant's constitution, and

(iii) the applicant's most recent statement of account (if any), and

(d) contain such other information, and be accompanied by such other documents, as may be-

(i) required by regulations under section 6(1), or

(ii) otherwise requested by OSCR.

(a) it considers that the applicant's name falls within section 10, or

(b) the application must, by virtue of regulations under section 6(1), be refused,

(a) information and documents which must be specified in or accompany an application,

(b) the form and manner in which applications must be made,

(c) the period within which OSCR must make a decision on an application, and

(d) circumstances in which OSCR must refuse to enter a body in the Register.

(a) its purposes consist only of one or more of the charitable purposes, and

(b) it provides (or, in the case of an applicant, provides or intends to provide) public benefit in Scotland or elsewhere.

(a) the prevention or relief of poverty,

(b) the advancement of education,

(c) the advancement of religion,

(d) the advancement of health,

(e) the saving of lives,

(f) the advancement of citizenship or community development,

(g) the advancement of the arts, heritage, culture or science,

(h) the advancement of public participation in sport,

(i) the provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended,

(j) the advancement of human rights, conflict resolution or reconciliation,

(k) the promotion of religious or racial harmony,

(l) the promotion of equality and diversity,

(m) the advancement of environmental protection or improvement,

(n) the relief of those in need by reason of age, ill-health, disability, financial hardship or other disadvantage,

(o) the advancement of animal welfare,

(p) any other purpose that may reasonably be regarded as analogous to any of the preceding purposes.

(a) in paragraph (d), "the advancement of health" includes the prevention or relief of sickness, disease or human suffering,

(b) paragraph (f) includes-

(i) rural or urban regeneration, and

(ii) the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of charities,

(c) in paragraph (h), "sport" means sport which involves physical skill and exertion,

(d) paragraph (i) applies only in relation to recreational facilities or activities which are-

(i) primarily intended for persons who have need of them by reason of their age, ill-health, disability, financial hardship or other disadvantage, or

(ii) available to members of the public at large or to male or female members of the public at large,

(e) paragraph (n) includes relief given by the provision of accommodation or care, and

(f) for the purposes of paragraph (p), the advancement of any philosophical belief (whether or not involving belief in a god) is analogous to the purpose set out in paragraph (c).

(a) its constitution allows it to distribute or otherwise apply any of its property (on being wound up or at any other time) for a purpose which is not a charitable purpose,

(b) its constitution expressly permits the Scottish Ministers or a Minister of the Crown to direct or otherwise control its activities, or

(c) it is, or one of its purposes is to advance, a political party.

(a) how any-

(i) benefit gained or likely to be gained by members of the body or any other persons (other than as members of the public), and

(ii) disbenefit incurred or likely to be incurred by the public,

in consequence of the body exercising its functions compares with the benefit gained or likely to be gained by the public in that consequence, and

(b) where benefit is, or is likely to be, provided to a section of the public only, whether any condition on obtaining that benefit (including any charge or fee) is unduly restrictive.

(a) the same as, or too like, the name of a charity,

(b) likely to mislead the public as to the true nature of the purposes of the body or of the activities which it carries on, or intends to carry on, in pursuit of those purposes,

(c) likely to give the impression that the body is connected in some way to the Scottish Administration, Her Majesty's Government in the United Kingdom or any local authority, or with any other person, when it is not so connected, or

(d) offensive.

(a) in the case of an applicant, the purposes set out in the statement accompanying its application,

(b) in the case of a charity, the purposes set out in its entry in the Register, and

(c) in the case of an SCIO proposed in an application under section 54(1), 56(1) or 59(1), the purposes set out in the SCIO's proposed constitution accompanying the application.

(a) as a body entered in the Register, and

(b) as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland.

(a) it is-

(i) established under the law of a country or territory other than Scotland,

(ii) entitled to refer to itself as a "charity" (by any means or in any language) in that country or territory, and

(iii) managed or controlled wholly or mainly outwith Scotland,

(b) it does not-

(i) occupy any land or premises in Scotland, or

(ii) carry out activities in any office, shop or similar premises in Scotland, and

(c) in making that reference, it also refers to being established under the law of a country or territory other than Scotland.

(a) that it is a charity,

(b) such other information as may be specified in the regulations,

(a) exempt charities, or charities of a particular type, from any of the requirements imposed by the regulations,

(b) provide that any statement required by them may, in the case of documents which are otherwise wholly or mainly in a language other than English, be made in that other language.

(a) amending its constitution so far as it relates to its purposes,

(b) amalgamating with another body,

(c) winding itself up or dissolving itself,

(d) applying to the court in relation to any action set out in paragraphs (a) to (c).

(a) in pursuance of an approved reorganisation scheme, or

(b) for which OSCR's consent is required by virtue of any other enactment.

(a) refuses its consent, or

(b) directs the charity not to take the action for a period of not more than 6 months specified in the direction,

(a) may be revoked at any time,

(b) may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.

(a) give its consent, whether or not subject to conditions, or

(b) refuse its consent.

(a) any change in-

(i) the principal office of the charity, or

(ii) where it does not have such an office, the name or address of the charity trustee specified in the Register (or which would, but for section 3(4), be so specified),

(b) any change in any other details set out in its entry in the Register,

(c) any change to its constitution,

(d) any action set out in section 16(2)(b) to (d) which the charity has taken,

(e) any administration order or an order for winding up made by the court in respect of the charity,

(f) the appointment of a receiver in respect of any of the charity's property,

(a) remove the charity from the Register, and

(b) give it notice of the date on which it is removed.

(a) any property previously acquired, or any property representing property previously acquired,

(b) any property representing income which has previously accrued, and

(c) the income from any such property,

(a) in Chapter 4-
sections 28 and 29,

section 31(1) to (3) and (5) to (9),

section 32,

section 33(2) to (5),

section 34(1) to (3), (5)(a) to (c) and (f) to (h), (7) and (10)(b), and

section 37, and

(b) in Chapter 6, sections 44 and 45.

(a) that it is necessary or desirable to act for the purpose of protecting the property or income to which the scheme relates or securing a proper application of such property or income for the purposes which were set out in the body's entry in the Register immediately before its removal, and

(b) that those purposes would be better achieved by transferring the property and income to a charity.

(a) similar to those of OSCR, or

(b) conferred by any enactment and designed to allow the body or office-holder to regulate persons for other purposes.

(a) at all reasonable times at its principal office,

(b) at such other places as it thinks fit, and

(c) otherwise as it thinks fit.

(a) any document, or a copy of or extract from any document,

(b) documents of any type, or copies of or extracts from such documents,

(c) other information or explanation,

(a) the documents, type of documents, copies, extracts, information or explanation which the charity is to provide to OSCR, and

(b) the date (which must be at least 14 days after the date on which the notice is given) by which the charity must do so.

(a) constitution,

(b) latest statement of account prepared under section 44,

(a) for any purpose connected with the exercise of OSCR's functions, or

(b) for the purpose of enabling or assisting the public body or office-holder to exercise any functions.

(a) any office-holder in the Scottish Administration,

(b) the Scottish Parliamentary Corporate Body,

(c) any local authority,

(d) any constable, and

(e) any other Scottish public authority with mixed functions or no reserved functions.

(a) OSCR from disclosing any information to a designated body for-

(i) any purpose connected with the exercise of OSCR's functions,

(ii) the purpose of enabling or assisting that body to exercise any functions,

(b) a designated body from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,

(c) a charity trustee of a charity from disclosing any information about that charity to OSCR for the purpose of enabling or assisting OSCR to exercise any functions,

(d) any person from disclosing any information to OSCR about any matter in respect of which the person is required or authorised by section 46 to make a report to OSCR, or

(e) a relevant financial institution from disclosing any information to OSCR for the purpose of enabling or assisting OSCR to exercise any functions under section 47.

(a) for the purposes of paragraph (a) of subsection (1), any public body or office-holder in Scotland, in any other part of the United Kingdom or in a country or territory outside the United Kingdom,

(b) for the purposes of paragraph (b) of that subsection, any Scottish public authority with mixed functions or no reserved functions,

(a) the person providing the information or explanation knows it to be, or is reckless as to whether it is, false or misleading in a material respect, and

(b) the information or explanation is provided-

(i) in purported compliance with a requirement by or under this Act, or

(ii) in other circumstances in which the person providing it knows, or could reasonably be expected to know, that it would be used by OSCR, or provided to OSCR for use, in connection with the exercise of its functions.

(a) a charity,

(b) a body controlled by a charity (or by two or more charities, when taken together),

(c) a body which is not entered in the Register which appears to OSCR to represent itself as a charity (or which would, but for section 14, so appear),

(d) a person not falling within paragraph (a) to (c) who appears to OSCR to act, or to represent itself as acting, for or on behalf of-

(i) a charity, or

(ii) a body falling within paragraph (b) or (c),

(e) a person who appears to OSCR to represent a body which is not entered in the Register as a charity,

(f) any particular type of charity, of body falling within paragraph (b) or (c), or of person falling within paragraph (d) or (e).

(a) may be revoked at any time,

(b) may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.

(a) any document, or a copy of or extract from any document,

(b) documents of any type, or copies of or extracts from such documents,

(c) any information or explanation,

(a) the documents, type of documents, copies, extracts, information or explanation which the person is to provide to OSCR,

(b) the date (which must be at least 14 days after the date on which the notice is given) by which the person must do so, and

(c) the effect of subsection (6).

(a) direct the charity to take, within such period as may be specified in the direction, such steps as OSCR considers necessary for the purposes of meeting the charity test, or

(b) remove the charity from the Register.

(a) that there has been misconduct in the administration of-

(i) a charity, or

(ii) a body controlled by a charity, or

(b) that it is necessary or desirable to act for the purpose of protecting the property of a charity or securing a proper application of such property for its purposes.

(a) that a body which is not a charity is being or has been represented as a charity, or

(b) that a charity which is not entitled to refer to itself in either of the ways described in section 13(2) is being or has been represented as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland.

(a) have been responsible for or privy to the misconduct,

(b) have contributed to, or facilitated, the misconduct, or

(c) be unable or unfit to perform that person's functions in relation to the property of the charity or body.

(a) the body representing itself as a charity,

(b) the person representing the body as a charity,

(c) the charity representing itself as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland, or, as the case may be

(d) the person representing the charity as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland,

(a) to cease acting, or representing itself as acting, for or on behalf of the charity or body in any activity specified in the direction,

(b) to pay to the charity or body, within such period as the direction may specify, any sums which it has collected for the charity or body and which are held by it or by any relevant financial institution or other person on its behalf, after deducting any sums payable to the person or any other person under an agreement with the charity or body.

(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.

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

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

(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,

(a) as a result of the inquiries it-

(i) gives a direction, or removes a charity from the Register, under section 30,

(ii) suspends a person under subsection (4) of section 31, or

(iii) gives a direction under any of subsections (5) to (9) of that section, or

(b) in any other case, it is requested to do so by the person in respect of whom the inquiries were made and it has not previously prepared a report of the subject matter of those inquiries under this subsection or subsection (2).

(a) mention the name of any person, or

(b) contain any particulars which, in OSCR's opinion-

(i) are likely to identify any person, and

(ii) can be omitted without impairing the effectiveness of the report,

(a) send a copy of a report prepared under subsection (1) to the person in respect of whom the inquiries were made, and

(b) publish a report prepared under this section or such other statement of the result of inquiries made under section 28 as OSCR thinks fit in such manner as OSCR thinks fit.

(a) that there is or has been misconduct in the administration of-

(i) a charity, or

(ii) a body controlled by a charity (or by two or more charities, when taken together), or

(b) that it is necessary or desirable to act for the purpose of protecting the property of a charity or securing a proper application of such property for its purposes,

(a) interdict (whether temporarily or permanently) the charity or body from such action as the court thinks fit,

(b) interdict (whether temporarily or permanently) the body from representing itself as a charity or from such other action as the court thinks fit,

(c) appoint a judicial factor (whether temporarily or permanently) to manage the affairs of the charity or body,

(d) where the charity or body is a trust, appoint a trustee,

(e) suspend or remove any person concerned in the management or control of the charity or body,

(f) order any relevant financial institution or other person holding property on behalf of the charity or body or of any person concerned in its management or control not to part with the property without the court's consent,

(g) make an order restricting the transactions which may be entered into, or the nature or amount of the payments which may be made, in the administration of the charity or body without the court's consent,

(h) interdict (whether temporarily or permanently) the person from representing the body as a charity or from such other action as the court thinks fit,

(i) interdict (whether temporarily or permanently) the charity or, as the case may be, the person from representing the charity as being established under the law of Scotland or managed or controlled wholly or mainly in or from Scotland or from such other action as the court thinks fit.

(a) interdict (whether temporarily or permanently) the person from acting, or representing itself as acting, on behalf of the charity or body,

(b) order the person to pay to the charity or body any sums which it has collected for the charity or body and which are held by it, any relevant financial institution or other person holding money on its behalf, after deducting any sums payable to the person or any other person under an agreement with the charity or body,

(c) order any relevant financial institution or other person holding property which the court considers to be, or to represent, sums collected for the charity or body not to part with the property without the court's consent.

(a) recall the suspension of a person in pursuance of subsection (5)(e),

(b) vary or recall an order in pursuance of subsection (5)(f) or (g) or under subsection (9)(b) or (c).

(a) another charity,

(b) a body which is controlled by a charity (or by two or more charities, when taken together),

(c) a body which is not a charity but which is or has been representing itself as a charity.

(a) that there is or has been misconduct in the administration of the charity,

(b) that it is necessary or desirable to act for the purpose of protecting the property of the charity or securing a proper application of such property for its purposes, and

(c) that the charity's purposes would be better achieved by transferring its assets to another charity.

(a) that there is or has been misconduct in the administration of the body or any of the charities which control it,

(b) that it is necessary or desirable to act for the purpose of protecting the property of the body or any such charity, and

(c) that the transfer provided for by the scheme is reasonable.

(a) that the body falls within that paragraph, and

(b) that the transfer provided for by the scheme is reasonable.

(a) which is registered as a charity in England and Wales under section 3 of the Charities Act 1993 (c.10), or

(b) which, by virtue of section 3(5) of that Act, is not required to register as a charity under that section.

(a) which has purposes which are the same as or which resemble closely the purposes of the body whose property is transferred, and

(b) which has intimated that it is prepared to receive the property.

(a) that there has been misconduct in the administration of the body, and

(b) that it is necessary or desirable to transfer the property for the purpose of protecting it or securing a proper application of it for the purposes of the body from which it is to be transferred.

(a) charities which are registered social landlords,

(b) bodies controlled by any such charity (or by two or more such charities, when taken together), and

(c) persons acting for or on behalf of any such charity or body.

(a) such charities or bodies, or types of charity or body, as OSCR may specify in the authorisation, and

(b) persons acting for or on behalf of those charities or bodies.

(a) references in those sections to OSCR and to OSCR's functions are to be read as references to the public body or office-holder and to the functions delegated to it, and

(b) the reference in section 25(1)(d) to section 46 is to be read as a reference to subsection (10).

(a) must report to the body or office-holder on any matter which the person would, but for that delegation, be required by section 46(2) to report on to OSCR,

(b) may report to the body or office-holder on any matter which the person would, but for that delegation, be authorised by subsection 46(3) to report on to OSCR.

(a) that any of the reorganisation conditions is satisfied in relation to the charity, and

(b) that the proposed reorganisation scheme will-

(i) where the condition satisfied is that set out in paragraph (a) or (b) of section 42(2), enable the resources of the charity to be applied to better effect for charitable purposes consistently with the spirit of its constitution, having regard to changes in social and economic conditions since it was constituted, or

(ii) where the condition satisfied is that set out in paragraph (c) of that section, enable the charity to be administered more effectively.

(a) the form and manner in which applications must be made,

(b) the period within which OSCR must make a decision on an application,

(c) publication of proposed reorganisation schemes,

(a) that any of the reorganisation conditions is satisfied in relation to a charity, and

(b) that a reorganisation scheme proposed by it or by the charity trustees of the charity will-

(i) where the condition satisfied is that set out in paragraph (a) or (b) of section 42(2), enable the resources of the charity to be applied to better effect for charitable purposes consistently with the spirit of its constitution, having regard to changes in social and economic conditions since it was constituted, or

(ii) where the condition satisfied is that set out in paragraph (c) of that section, enable the charity to be administered more effectively,

(a) that some or all of the purposes of the charity-

(i) have been fulfilled as far as possible or adequately provided for by other means,

(ii) can no longer be given effect to (whether or not in accordance with the directions or spirit of its constitution),

(iii) have ceased to be charitable purposes, or

(iv) have ceased in any other way to provide a suitable and effective method of using its property, having regard to the spirit of its constitution,

(b) that the purposes of the charity provide a use for only part of its property, and

(c) that a provision of the charity's constitution (other than a provision setting out the charity's purposes) can no longer be given effect to or is otherwise no longer desirable.

(a) variation of the constitution of the charity (whether or not in relation to its purposes),

(b) transfer of the property of the charity (after satisfaction of any liabilities) to another charity (whether or not involving a change to the purposes of the other charity), or

(c) amalgamation of the charity with another charity.

(a) keep proper accounting records,

(b) prepare for each financial year of the charity a statement of account, including a report on its activities in the financial year,

(c) have the statement of account independently examined or audited, and

(d) after such examination or audit, send a copy of the statement of account to OSCR,

(a) the meaning of "financial year",

(b) the information to be contained in the accounting records and statement of account,

(c) the manner in which that information is to be presented,

(d) the keeping and preservation of the accounting records,

(e) the methods and principles according to which, and the time by which, the statement of account is to be prepared,

(f) the time by which the copy statement of account is to be sent to OSCR,

(g) examination or audit of the statement of account,

(h) such other matters in relation to the accounts of a charity as the Scottish Ministers think necessary or expedient.

(a) on giving reasonable notice, to enter premises occupied by the charity at all reasonable times,

(b) to have access to, and take possession of, any document appearing to the appointed person to relate to the financial affairs of the charity, and

(c) to require any charity trustee, or agent or employee, of the charity to give the person such assistance, information or explanation as the appointed person may reasonably require.

(a) any costs incurred by OSCR in relation to the appointment of the appointed person, and

(b) the expenses of the appointed person in performing that person's functions under this section.

(a) send to OSCR the statement of account prepared in pursuance of subsection (2),

(b) submit to OSCR a report on the affairs and accounting records of the charity, and

(c) send a copy of the statement of account and report to each person appearing to the appointed person to be a charity trustee of the charity.

(a) any person appointed to carry out an independent examination or audit of a charity's statement of account (including, in the case of a charity which is a company, any person appointed as auditor under Chapter 5 of Part 11 of the Companies Act 1985 (c.6)), and

(b) any person appointed for the purposes of section 249A(2) of that Act to prepare a report on the accounts of a charity which is a company,

(a) which relates to the activities or affairs of-

(i) the charity, or

(ii) any institution or body corporate connected to that charity, and

(b) which the person has reasonable cause to believe is likely to be of material significance for the purposes of the exercise by OSCR of its functions under section 28, 30 or 31,

(a) which does not appear to the person to be one which the person is required to report under subsection (2), but

(b) which the person has reasonable cause to believe is likely to be relevant for the purposes of the exercise by OSCR of any of its functions,

(a) it is an institution which is controlled (whether directly or through one or more nominees) by, or, as the case may be

(b) it is a body corporate in which a substantial interest is held by,

(a) a relevant financial institution (whether or not in response to a request from OSCR) informs OSCR that every account held by the institution in the name of or on behalf of a body appearing to the institution to be a relevant body is dormant,

(b) OSCR is satisfied that the body is a relevant body, and

(c) OSCR is unable, after making reasonable inquiries, to locate any person concerned in the management or control of the body.

(a) a charity, or

(b) entitled by virtue of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) to describe itself as a "Scottish charity".

(a) such charity as OSCR may determine, having regard to the purposes of the relevant body and the purposes of the charity, or

(b) where OSCR is unable to ascertain the purposes of the relevant body, to such charity as OSCR considers appropriate.

(a) OSCR of an amount withdrawn or transferred from an account by virtue of this section is a complete discharge of the relevant financial institution, or

(b) a charity of an amount received from OSCR by virtue of this section is a complete discharge of OSCR,

(a) if the relevant financial institution by which the accounts are held informs OSCR that the accounts (or any of them) are no longer dormant, or

(b) if OSCR becomes aware of the identity of a person concerned in the management or control of the relevant body and informs the relevant financial institution of that fact.

(a) the procedure to be followed by OSCR under section 47,

(b) the extent to which OSCR, in transferring an amount under subsection (3) of that section, may retain a sum in respect of its expenses in exercising its functions under that section.

(a) a payment into the account, or

(b) a transaction effected by the relevant financial institution holding the account,

(a) a payment into the account,

(b) a transaction effected by the relevant financial institution holding the account, or

(c) a transaction effected by OSCR in pursuance of subsection (3) of that section,

(a) a constitution,

(b) a principal office in Scotland,

(c) 2 or more members.

(a) about who is eligible for membership, and how a person becomes a member, and

(b) for the appointment of 3 or more persons ("charity trustees") who are to be charged with the general control of the SCIO's administration, and about any conditions of eligibility for becoming a charity trustee.

(a) such documents issued by or on behalf of the SCIO,

(b) such documents signed by or on behalf of the SCIO,

(a) "Scottish charitable incorporated organisation", or

(b) "SCIO" (with or without a full stop after each letter),

(a) issues, or authorises the issue of, any document referred to in subsection (1)(a) of section 52, or

(b) signs, or authorises the signature on behalf of the SCIO of, any document referred to in subsection (1)(b) of that section,

(a) any body which is not a SCIO and which is representing itself as being a SCIO,

(b) any person who is representing that any such body is a SCIO,

(a) any body which is not a SCIO from representing itself as a SCIO,

(b) a person who is representing that such a body is a SCIO from doing so.

(a) state the name of the SCIO,

(b) state the proposed principal office of the SCIO,

(c) be accompanied by a copy of the SCIO's proposed constitution,

(d) contain such other information, and be accompanied by such other documents, as may be-

(i) required by regulations under section 6(1), or

(ii) otherwise required by OSCR.

(a) it considers that the SCIO's proposed name falls within section 10,

(b) the SCIO's proposed constitution does not comply with one or more of the requirements of section 50 and any regulations made under that section, or

(c) the application must, by virtue of regulations under section 6(1), be refused,

(a) whose constitution is that proposed in the application,

(b) whose name is that specified in the constitution, and

(c) whose first members are the individuals who made the application.

(a) the date when the entry was made, and

(b) a note stating that the charity is constituted as a SCIO.

(a) a charity which is a company,

(b) a charity which is a registered society within the meaning of the Industrial and Provident Societies Act 1965 (c.12).

(a) by a company or registered society having a share capital if any of the shares are not fully paid up,

(b) by a company having only a single member.

(a) a copy of the resolution of the company or registered society that it be converted into a SCIO, and

(b) a copy of the resolution of the company or registered society adopting the proposed constitution of the SCIO.

(a) a special resolution of the company or registered society, or

(b) a unanimous written resolution signed by or on behalf of all the members of the company or registered society who would be entitled to vote on a special resolution.

(a) the appropriate registrar, and

(b) such other persons as it thinks fit,

(a) it considers that the SCIO's proposed name falls within section 10,

(b) the SCIO's proposed constitution does not comply with one or more of the requirements of section 50 and any regulations made under that section, or

(c) the application must, by virtue of regulations under section 6(1), be refused.

(a) enter the SCIO in the Register,

(b) send to the appropriate registrar a copy of each of the resolutions of the converting company or registered society referred to in section 56(5) and a copy of the entry in the Register relating to the SCIO, and

(c) once the SCIO's constitution as a SCIO has taken effect, remove from the Register the entry for the converting company or registered society.

(a) registers the documents sent under subsection (1)(b), and

(b) cancels the registration of the company under the Companies Act 1985 (c.6), or of the society under the Industrial and Provident Societies Act 1965 (c.12),

(a) whose constitution is that proposed in the application for conversion,

(b) whose name is that specified in the constitution, and

(c) whose first members are the members of the converting company or society immediately before the moment of conversion.

(a) a note stating that the charity is constituted as a SCIO,

(b) the date on which it became so constituted, and

(c) a note of the name of the company or society which was converted into the SCIO.

(a) in the case of an application for conversion by a company, the registrar of companies (within the meaning of the Companies Act 1985 (c.6)),

(b) in the case of an application for conversion by a registered society, the Financial Services Authority.

(a) a copy of a resolution of each of the old SCIOs approving the proposed amalgamation, and

(b) a copy of a resolution of each of the old SCIOs adopting the proposed constitution of the new SCIO.

(a) by a two-thirds majority of those voting at a general meeting of the SCIO (including those voting by proxy or by post, if voting that way is permitted), or

(b) unanimously by the SCIO's members, otherwise than at a general meeting.

(a) enter the new SCIO in the Register, and

(b) remove from the Register the entries for the old SCIOs.

(a) whose constitution is that proposed in the application for amalgamation,

(b) whose name is that specified in the constitution, and

(c) whose first members are the members of the old SCIOs immediately before the new SCIO was entered in the Register.

(a) all the property, rights and liabilities of each of the old SCIOs become by virtue of this subsection the property, rights and liabilities of the new SCIO, and

(b) each of the old SCIOs is dissolved.

(a) a note stating that it is constituted as a SCIO,

(b) the date on which it became so constituted, and

(c) a note that it was constituted following amalgamation, and of the name of each of the old SCIOs.

(a) a copy of the resolution, and

(b) a copy of a resolution of the transferee SCIO agreeing to the transfer to it.

(a) by a two-thirds majority of those voting at a general meeting of the SCIO (including those voting by proxy or by post, if voting that way is permitted), or

(b) unanimously by the SCIO's members, otherwise than at a general meeting.

(a) all the property, rights and liabilities of the transferor SCIO become by virtue of this subsection the property, rights and liabilities of the transferee SCIO in accordance with the resolution,

(b) the transferor SCIO is dissolved, and

(c) OSCR must remove from the Register the entry for the transferor SCIO.

(a) anything in the SCIO's constitution prevents it acting in the way that it is, or

(b) any constitutional limitations on the powers of the SCIO's charity trustees prevent them from binding the SCIO or authorising others to do so.

(a) the SCIO, because of anything in its constitution, does not have power to do, or

(b) the SCIO's charity trustees, because of any constitutional limitations on their powers, do not have power to do.

(a) by a two-thirds majority of those voting at a general meeting of the SCIO (including those voting by proxy or by post, if voting that way is permitted), or

(b) unanimously by the SCIO's members, otherwise than at a general meeting.

(a) the date of the general meeting at which it was passed, or

(b) if it was passed otherwise than at a general meeting, the date on which the last member agreed to it.

(a) applications for constitution as, or conversion into, a SCIO, the determination of applications, entry in the Register and the effect of such entry,

(b) the administration of a SCIO,

(c) amalgamation of SCIOs and transfer of a SCIO's property, rights and liabilities to another SCIO,

(d) the winding up, insolvency or dissolution of a SCIO,

(e) the maintenance of registers of information about SCIOs (for example, registers of members, of charity trustees or of charges over the SCIO's assets),

(f) such other matters in connection with the provision made by this Chapter as they think fit.

(a) the advancement of religion as its principal purpose,

(b) the regular holding of public worship as its principal activity,

(c) been established in Scotland for at least 10 years,

(d) a membership of at least 3,000 persons who are-

(i) resident in Scotland, and

(ii) at least 16 years of age, and

(e) an internal organisation such that-

(i) one or more authorities in Scotland exercise supervisory and disciplinary functions in respect of the component elements of the charity, and

(ii) those elements are subject to requirements as to keeping accounting records and audit of accounts which appear to OSCR to correspond to those required by section 44.

(a) created by the amalgamation of 2 or more charities each of which, immediately before the amalgamation-

(i) was a designated religious charity, or

(ii) was, in OSCR's opinion, eligible for designation as such, or

(b) constituted by persons who have removed themselves from membership of a charity which, immediately before the removal-

(i) was a designated religious charity, or

(ii) was, in OSCR's opinion, eligible for designation as such.

(a) a designated religious charity,

(b) any component element of a designated religious charity which is itself a charity (whether or not having as its principal purpose the advancement of religion).

subsections (1) and (6) of section 16 (in so far as those subsections relate to any action set out in subsection (2)(b) to (d) of that section),
section 28(3),

section 31(4) and (6),

section 34(5)(c) to (e),

section 69.

(a) it appears to OSCR that one or more of paragraphs (a) to (e) of subsection (1) is no longer satisfied in relation to the charity, or

(b) in consequence of an investigation of any component element of the charity under section 28, OSCR has given a direction under section 31(5) in relation to the component element and considers that it is no longer appropriate for the charity to be a designated religious charity.

(a) seek, in good faith, to ensure that the charity acts in a manner which is consistent with its purposes,

(b) act with the care and diligence that it is reasonable to expect of a person who is managing the affairs of another person, and

(c) in circumstances capable of giving rise to a conflict of interest between the charity and any person responsible for the appointment of the charity trustee-

(i) put the interests of the charity before those of the other person, or

(ii) where any other duty prevents the charity trustee from doing so, disclose the conflicting interest to the charity and refrain from participating in any deliberation or decision of the other charity trustees with respect to the matter in question.

(a) that any breach of a duty under subsection (1) or (2) is corrected by the trustee concerned and not repeated, and

(b) that any trustee who has been in serious or persistent breach of either or both of those duties is removed as a trustee.

(a) provides services to or on behalf of the charity, or

(b) might benefit from any remuneration for the provision of such services by a person with whom the trustee is connected,

(a) that the maximum amount of the remuneration-

(i) is set out in a written agreement between the service provider and the charity (or, as the case may be, its charity trustees) under which the service provider is to provide the services in question, and

(ii) is reasonable in the circumstances,

(b) that, before entering into the agreement, the charity trustees were satisfied that it would be in the interests of the charity for those services to be provided by the service provider for that maximum amount,

(c) that, immediately after entering into the agreement, less than half of the total number of charity trustees of the charity fall within subsection (4), and

(d) that the charity's constitution does not contain any provision which expressly prohibits the service provider from receiving the remuneration.

(a) party (in the capacity of a service provider) to a written agreement of the type described in subsection (3)(a)(i) under which any obligation is still to be fully discharged,

(b) entitled to receive remuneration from the charity's funds otherwise than by virtue of such an agreement, or

(c) connected with any other charity trustee who falls within sub-paragraph (a) or (b).

(a) any authorising provision of the charity's constitution which was in force on 15 November 2004,

(b) an order made by the Court of Session, or

(c) any enactment.

(a) to the service provider concerned,

(b) where that service provider is a charity trustee, to a charity trustee, or

(c) where that service provider is connected to a charity trustee, to any person so connected.

"benefit" means any direct or indirect benefit,

"maximum amount", in relation to remuneration, means the maximum amount of the remuneration whether specified in or ascertainable under the terms of the agreement in question,

"remuneration" includes any benefit in kind (and "remunerated" is to be construed accordingly),

"services" includes goods that are supplied in connection with the provision of services.

(a) any person-

(i) to whom the trustee is married,

(ii) who is the civil partner of the trustee, or

(iii) with whom the trustee is living as husband and wife or, where the trustee and the other person are of the same sex, in an equivalent relationship,

(b) any child, parent, grandchild, grandparent, brother or sister of the trustee (and any spouse of any such person),

(c) any institution which is controlled (whether directly or through one or more nominees) by-

(i) the charity trustee,

(ii) any person with whom the charity trustee is connected by virtue of paragraph (a), (b), (d) or (e), or

(iii) two or more persons falling within sub-paragraph (i) or (ii), when taken together,

(d) a body corporate in which-

(i) the charity trustee has a substantial interest,

(ii) any person with whom the charity trustee is connected by virtue of paragraph (a), (b), (c) or (e) has a substantial interest, or

(iii) two or more persons falling within sub-paragraph (i) or (ii), when taken together, have a substantial interest,

(e) a Scottish partnership in which one or more of the partners is-

(i) the charity trustee, or

(ii) a person with whom the charity trustee is, by virtue of paragraph (a) or (b), connected.

(a) another person's stepchild, or

(b) brought up or treated by another person as if the person were a child of the other person,

(a) has been convicted of-

(i) an offence involving dishonesty,

(ii) an offence under this Act,

(b) is an undischarged bankrupt,

(c) has been removed, under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c.40) or section 34 of this Act, from being concerned in the management or control of any body,

(d) has been removed from the office of charity trustee or trustee for a charity by an order made-

(i) by the Charity Commissioners for England and Wales under section 18(2)(i) of the Charities Act 1993 (c.10), section 20(1A)(i) of the Charities Act 1960 (c.58) or section 20(1) of that Act (as in force before the commencement of section 8 of the Charities Act 1992 (c.41)), or

(ii) by Her Majesty's High Court of Justice in England,

on the grounds of any misconduct in the administration of the charity for which the person was responsible or to which the person was privy, or which the person's conduct contributed to or facilitated,

(e) is subject to a disqualification order or disqualification undertaking under the Company Directors Disqualification Act 1986 (c.46) or the Company Directors Disqualification (Northern Ireland) Order 2002 (S.I.2002/3150).

(a) on summary conviction, to imprisonment for a period not exceeding 6 months or a fine not exceeding level 5 on the standard scale or both,

(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine or both.

(a) whose estate has been sequestrated, who has been adjudged bankrupt or who has granted a trust deed for or entered into an arrangement with creditors, and

(b) who has not been discharged under or by virtue of-

(i) section 54 or 75(4) of the Bankruptcy (Scotland) Act 1985 (c.66),

(ii) an order under paragraph 11 of Schedule 4 to that Act,

(iii) section 279 or 280 of the Insolvency Act 1986 (c.45), or

(iv) any other enactment or rule of law subsisting at the time of the person's discharge.

(a) refuse an application for entry in the Register, including entry as a SCIO under section 55, 58 or 60,

(b) refuse to disapply section 3(3)(b) in relation to a charity,

(c) give a direction under section 11(3),

(d) give a direction under section 12(2) or (3),

(e) refuse to give a direction under section 12(2),

(f) refuse to consent to a charity taking any action set out in section 16(2),

(g) give a direction under section 28(3),

(h) make a requirement under section 29(1),

(i) remove a charity from the Register under section 30(1) or (3),

(j) suspend a person under section 31(4),

(k) give a direction under section 31(5) or (8),

(l) give a direction under section 31(6), (7) or (9),

(m) refuse an application made for the purposes of section 39(1),

(n) give a direction under section 53(2),

(o) give a direction under section 67(7),

(p) refuse to grant a waiver under section 69(4),

(q) refuse to designate a charity as a designated religious charity or designated national collector, or

(r) withdraw the designation of a charity as a designated religious charity or designated national collector.

(a) in the case of a decision referred to in paragraph (a), (g), (j), (k), (n) or (p) of section 71, the person in respect of whom the decision was made,

(b) in the case of a decision referred to in paragraph (e) of that section, the charity which requested OSCR to conduct a review under section 12, and

(c) in the case of any other decision referred to in that section, the charity in respect of which the decision was made.

(a) set out the decision,

(b) give the reasons for the decision, and

(c) where the notice is given to a person specified in subsection (2), advise the recipient of-

(i) the right to request OSCR to review the decision, and

(ii) the period within which such a request must be made.

(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 Panel expires without an appeal being made, or

(ii) where such an appeal is made, it is abandoned or finally determined (by the Panel or, as the case may be, the Court of Session).

(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).

(a) review the decision,

(b) confirm, vary, reverse or revoke it, and

(c) give notice of its decision under paragraph (b) to the person who requested the review.

(a) confirms a decision under section 74(1), or

(b) reconfirms a decision under section 77(1),

(a) confirm a decision appealed to it,

(b) quash such a decision and direct OSCR to take such other action, if any, as the Panel thinks fit by such time as may be specified in the direction, or

(c) remit such a decision back to OSCR, together with the Panel's reasons for doing so, for reconsideration.

(a) reconsider the decision,

(b) confirm, vary, reverse or revoke it, and

(c) give notice of its decision under paragraph (b) to the person who appealed its earlier decision to the Panel.

(a) the person who appealed to the Panel, or

(b) OSCR,

(a) confirm the decision appealed to it, or

(b) quash the decision and direct OSCR (or the person to whom OSCR's functions are delegated by virtue of section 38, as the case may be) to take such action, if any, as the Court thinks fit by such time as may be specified in the direction.

"benevolent body" means a body (including a charity) which is established for charitable, benevolent or philanthropic purposes,

"benevolent contributions", in relation to a representation made by a commercial participator or other person, means-

(a) the whole or part of-

(i) the consideration given for goods or services sold or supplied by that person,

(ii) any proceeds (other than such consideration) of a promotional venture undertaken by that person,

(b) sums given by that person by way of donation in connection with the sale or supply of such goods or services,

"commercial participator" means a person who-

(a) carries on for profit a business other than a fundraising business, but

(b) in the course of that business, engages in a promotional venture in the course of which it is represented that benevolent contributions are to be-

(i) given to or applied for the benefit of one or more particular benevolent bodies, or

(ii) applied for charitable, benevolent or philanthropic purposes,

"fundraising business" means a business carried on for profit and wholly or primarily engaged in soliciting or otherwise procuring money or promises of money for one or more particular benevolent bodies or for charitable, benevolent or philanthropic purposes,

"goods" includes all corporeal moveables except money,

"professional fundraiser" means-

(a) a person (other than a benevolent body or a company connected with it) who carries on a fundraising business,

(b) any other person who for reward solicits money or other property for the benefit of a benevolent body or for charitable, benevolent or philanthropic purposes otherwise than in the course of a fundraising venture undertaken by a person falling within paragraph (a),

"promises of money" includes standing orders, direct debits and similar instructions and authorisations for the payment of money,

"promotional venture" means an advertising or sales campaign or any other venture undertaken for promotional purposes,

"radio or television programme" includes any item included in a programme service within the meaning of the Broadcasting Act 1990 (c.42),

"services" includes facilities, and in particular-

(a) access to any premises or event,

(b) membership of any organisation,

(c) a ticket or other entitlement to participate in a lottery or game of chance,

(d) the provision of advertising space, and

(e) the provision of any financial facilities,

and references to the supply of services are to be construed accordingly.

(a) a benevolent body or a company connected with it,

(b) a person concerned in the management or control, or an employee, of any such body or company,

(c) a person who in the course of a radio or television programme during which a fundraising venture is undertaken by a benevolent body, or by a company connected with it, makes any solicitation at the instance of the body or company,

(d) a commercial participator,

(e) a person who receives no more than-

(i) such sum as may be specified by regulations under section 83 by way of remuneration in connection with soliciting money or other property for the benefit of the benevolent body, or

(ii) such sum as may be so specified by way of remuneration in connection with any fundraising venture in the course of which the person solicits money or other property for the benefit of that body.

(a) the body, or

(b) the body and one or more other benevolent bodies, when taken together,

(a) orally (whether or not in the presence of the person being spoken to),

(b) in writing (whether or not by means of electronic communication), or

(c) by means of a statement published in any newspaper, film or radio or television programme.

(a) a solicitation of money or a promise of money for the benefit of a benevolent body is made in accordance with arrangements between a person and the body, and

(b) under those arrangements the person will be responsible for receiving on behalf of the body money or a promise of money given in response to the solicitation,

(a) for a professional fundraiser to solicit money or promises of money for the benefit of a benevolent body, or

(b) for a commercial participator to represent that benevolent contributions are to be given to, or applied for the benefit of, a benevolent body,

(a) that a person has contravened or is contravening subsection (1) in relation to the body, and

(b) that the contravention is likely to continue or be repeated,

(a) the professional fundraiser to solicit money or promises of money, or

(b) the commercial participator to represent that benevolent contributions are to be given to or applied,

(a) the agreement satisfies the prescribed requirements, or

(b) any such provision has effect by virtue of an order under subsection (5).

(a) that the body has complied with subsection (3),

(b) that any person is or has been-

(i) soliciting money or promises of money for the benefit of the body, or

(ii) representing that benevolent contributions are to be given to or applied for the benefit of the body,

(c) that the person is likely to continue to do so or do so again, and

(d) as to one or more of the matters specified in subsection (2),

(a) that the person in question is using methods of fundraising to which the body objects,

(b) that that person is not a fit and proper person to raise funds for the body,

(c) where the conduct complained of is the making of such representations as are mentioned in subsection (1)(b)(ii), that the body does not wish to be associated with the particular promotional or other fundraising venture in which that person is engaged.

(a) requesting the person immediately to cease-

(i) soliciting money or promises of money for the benefit of the body, or

(ii) representing that benevolent contributions are to be given to or applied for the benefit of the body,

as the case may be, and

(b) stating that, if the person does not comply with the notice, the body will apply for an interdict under this section.

(a) complies with the notice, but

(b) subsequently begins to carry on activities which are the same, or substantially the same, as those in respect of which the notice was given,

(a) about the solicitation by professional fundraisers of money or promises of money for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes,

(b) about representations made by commercial participators in relation to benevolent contributions,

(c) generally for or in connection with regulating benevolent fundraising by benevolent fundraisers.

(a) specifying sums for the purposes of section 79(3)(e),

(b) about the form and content of-

(i) agreements for the purposes of section 81,

(ii) notices under section 82(3),

(c) about the information and identification to be provided by professional fundraisers or commercial participators in soliciting money or promises of money or making representations in relation to benevolent contributions,

(d) about the information and identification to be provided by benevolent fundraisers in carrying on benevolent fundraising,

(e) about circumstances in which payments or agreements made in response to-

(i) solicitations or representations of the type described in paragraph (c), or

(ii) benevolent fundraising,

may be refunded or, as the case may be, cancelled,

(f) requiring professional fundraisers or commercial participators to make available to benevolent bodies with whom they have agreements for the purposes of section 81 books, documents or other records (however kept) which relate to the bodies,

(g) about the manner in which money or promises of money acquired by professional fundraisers or commercial participators for the benefit of, or otherwise falling to be given to or applied by them for the benefit of, benevolent bodies is or are to be transmitted to the bodies,

(h) requiring benevolent fundraisers, in carrying on benevolent fundraising, to take all reasonable steps to ensure that it is carried on in such a way that it does not-

(i) unreasonably intrude on the privacy of those from whom funds are being solicited or procured,

(ii) involve the making of unreasonably persistent approaches to persons to donate funds,

(iii) result in undue pressure being placed on persons to donate funds,

(iv) involve the making of any false or misleading representation about any of the matters mentioned in subsection (3).

(a) the extent or urgency of any need for funds on the part of any benevolent body or company connected with such a body,

(b) any use to which funds donated in response to the fundraising are to be put by such a body or company, and

(c) the activities, achievements or finances of such a body or company.

(a) has or have been acquired by the fundraiser or commercial participator otherwise than in accordance with an agreement with a benevolent body, but

(b) by reason of any solicitation or representation in consequence of which it has or they have been acquired, is or are held by the fundraiser or commercial participator on trust for such a body.

"benevolent fundraising" means soliciting or otherwise procuring money or promises of money for-

(a) the benefit of benevolent bodies or companies connected with them, or

(b) charitable, benevolent or philanthropic purposes,

"benevolent fundraisers" are-

(a) benevolent bodies and companies connected with them,

(b) persons concerned in the management or control of such bodies or companies,

(c) employees or agents of-

(i) such bodies or companies,

(ii) persons concerned in the management or control of such bodies or companies, and

(d) volunteers acting for or on behalf of such bodies or companies.

(a) in a public place, or

(b) by means of visits to two or more houses or business premises.

(a) any road (within the meaning of the Roads (Scotland) Act 1984 (c.54)), and

(b) any other place to which, at any time when the collection is taken, members of the public have access as of right or by virtue of express or implied permission and which-

(i) is not within a building, or

(ii) if within a building, is a public area within any station, airport or shopping precinct or is any other similar public area.

(a) only on payment or by ticket,

(b) only by virtue of permission given for the purpose of the collection in question.

"business premises" means any premises used for business or other commercial purposes,

"house" includes any part of a building constituting a separate dwelling.

(a) by a designated national collector,

(b) which takes place in the course of a public meeting,

(c) which-

(i) takes place on land to which members of the public have access only by virtue of the express or implied permission of the occupier of the land or by virtue of any enactment, and

(ii) is organised by the occupier of the land, or

(d) which takes place by means of an unattended receptacle in a public place.

(a) no earlier than 18 months, and

(b) no later than 2 months (or such shorter period as the organiser and the authority may agree),

(a) grant its consent (whether or not subject to conditions), or

(b) refuse its consent on any of the grounds set out in subsection (6).

(a) specifying the date, time or frequency of the collection,

(b) specifying where it may take place,

(c) regulating its conduct,

(d) as to the use by collectors of any badges or certificates of authority which regulations made under section 83(1) require to be provided,

(e) specifying the form of collection boxes, other containers and any other articles which may be used for the purposes of the collection,

(f) as to any other matter relating to the local circumstances of the collection.

(a) that the date, time or frequency of the collection, or that holding it at the proposed place, would cause undue public inconvenience,

(b) that another collection in respect of which consent under this section has been given by the authority or which is organised by a designated national collector is due to take place in the area of the authority on the same day or the day before or after that day,

(c) that it appears to the local authority that the amount likely to be applied for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes in consequence of the collection is inadequate having regard to the likely amount of the proceeds of the collection,

(d) where the local authority has requested the organiser of the collection to provide it with any supplementary information which it considers necessary for the purposes of determining the application, that the organiser has failed to comply with the request, and

(e) that the organiser of the collection has been convicted of-

(i) an offence under section 85(1), 90(3) or 91(3) of this Act, or

(ii) any other offence which involves dishonesty or the commission of which would be likely to be facilitated by the grant of consent under this section.

(a) withdraw the consent, or

(b) vary the consent by making it subject to conditions or further conditions or varying any condition to which it is subject.

(a) to grant consent subject to conditions,

(b) to refuse consent,

(c) to withdraw or vary a consent,

(a) obtaining, and

(b) retaining,

(a) such associations representing local authorities,

(b) such persons representing the interests of charities, and

(c) such other persons,

(a) no earlier than 18 months, and

(b) no later than 3 months,

(a) granting consent subject to conditions,

(b) refusing consent, or

(c) withdrawing or varying a consent.

(a) order any person holding such sums not to part with them without the court's consent,

(b) approve a scheme prepared by OSCR for the transfer of those sums to a charity specified in the scheme.

(a) about keeping and publishing accounts,

(b) for preventing public inconvenience,

(c) specifying particular provisions of the regulations breach of which is an offence under subsection (3).

(a) requiring the organiser of such a collection to notify the local authority for the area in which it is proposed that the collection be carried out,

(b) allowing or requiring the local authority, in such circumstances as may be specified in the regulations, to prohibit the carrying out of such a collection,

(c) about the dates, times and places at which, and the frequency with which, such collections may be carried out,

(d) about keeping and publishing reports on those collections,

(e) for preventing public inconvenience,

(f) specifying particular provisions of the regulations breach of which is to be an offence under subsection (3).

(a) public benevolent collections, or

(b) collections from the public of goods for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes.

(a) after paragraph (e) insert-

(b) paragraph (ee) is repealed.

(a) any benevolent body, in connection with its activities,

(b) any person, in connection with anything done by that person with a view to enabling one or more benevolent bodies, benevolent bodies of a particular type or benevolent bodies generally to implement their purposes to better effect.

(a) for the word "or" which follows paragraph (a) substitute-

(b) for "either paragraph (a) or paragraph (b)" substitute "any of paragraphs (a), (aa) and (b)".

(a) disapply section 3(3) in so far as it would otherwise apply to any body entered in the Register under subsection (1) for such period ending no later than 18 months after the commencement of this section as may be specified in the order,

(b) provide-

(i) that any unregistered charitable body (or any such body of a particular type) may, despite any contrary provision in this Act, refer to itself as a "charity" for such period ending no later than 12 months after the commencement of this section as may be so specified, and

(ii) that any provision of this Act or of any other enactment is to apply (with such modifications, if any, as may be so specified) to any such body as if it were entered in the Register for so long as it refers to itself as a "charity".

(a) is established under the law of a country or territory other than Scotland,

(b) is entitled to refer to itself as a "charity" (by any means or in any language) in that country or territory, and

(c) does not require to be entered in the Register under subsection (1).

(a) any notice, notification, direction or consent given, or

(b) any request for review, proposal, application (other than an application to a court), report or decision made,

(a) delivered to the person,

(b) sent by post in a prepaid registered letter, or by the recorded delivery service, addressed-

(i) where the person is a charity, to the charity at the principal office set out in its entry in the Register or to the charity trustee whose name is so set out at the address so set out,

(ii) where the person is an incorporated company or body (other than a charity), to the secretary, chief clerk or chief executive of the company or body at its registered or principal office,

(iii) where the person is a public office-holder, to the office-holder at the office-holder's principal office,

(iv) in any other case, to the person at that person's usual or last known place of abode, or

(c) sent to the person in some other manner (including by electronic means) which the sender considers likely to cause it to be delivered on the same or next day.

(a) to the charity care of OSCR, or

(b) where OSCR is the sender-

(i) to the charity at its principal office, or

(ii) to the charity trustee whose name is, because of section 3(4), excluded from the Register at the address which is so excluded.

(a) by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who-

(i) is a director, manager or secretary of the body corporate, or

(ii) purports to act in any such capacity,

(b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who-

(i) is a partner, or

(ii) purports to act in that capacity,

(c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who-

(i) is concerned in the management or control of the association, or

(ii) purports to act in the capacity of a person so concerned,

(a) modify any enactment for the purposes of preventing a body established by enactment from failing the charity test by reason of either or both of paragraphs (a) and (b) of section 7(4),

(b) make such other incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act.

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes.

(a) an order under section 7(5),

(b) an order under section 19(8),

(c) regulations under section 64(d),

(d) regulations under section 83(1) containing provisions of the type described in section 83(2)(h),

(e) where subsection (5) applies, an order under section 102,

(f) an order under section 107(2),

(a) order under section 7(5),

(b) order under section 19(8),

(c) regulations made by virtue of section 64(d),

(d) regulations under section 83(1) containing provisions of the type described in section 83(2)(h), or

(e) order under section 102 containing provisions which add to, replace or omit any part of the text of an Act,

(a) a person who is able to secure that the affairs of an institution are conducted in accordance with the person's wishes is to be treated as being in control of the institution,

(b) a person who-

(i) is interested in shares comprised in the equity share capital of a body corporate of a nominal value of more than one-fifth of that share capital, or

(ii) is entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of a body corporate,

is to be treated as having a substantial interest in the body corporate.

"applicant" has the meaning given in section 4(a),

"benevolent body" has the meaning given in section 79,

"charitable purposes" means the purposes set out in section 7(2),

"charity" means a body entered in the Register,

"charity test" is to be construed in accordance with section 7,

"charity trustees" means the persons having the general control and management of the administration of a charity,

"company" means a company formed and registered under the Companies Act 1985 (c.6) or to which that Act applies as it applies to such a company,

"constitution"-

(a) in relation to a charity or other body established under the Companies Acts, means its memorandum and articles of association,

(b) in relation to a charity or other body which is a body of trustees, means the trust deed,

(c) in relation to a SCIO, has the meaning given in section 50,

(d) in relation to a charity or other body established by enactment, means the enactment which establishes it and states its purposes,

(e) in relation to charity or other body established by a Royal charter or warrant, means the Royal charter or warrant, and

(f) in the case of any other charity or body, means the instrument which establishes it and states its purposes,

"designated national collector" means a charity designated as such under section 87(4),

"designated religious charity" means a charity designated as such under section 65(1),

"equal opportunities" and "equal opportunity requirements" have the meaning given in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c.46),

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39),

"misconduct" includes mismanagement,

"OSCR" means the holder of the Office of the Scottish Charity Regulator,

"the Panel" mean a Scottish Charity Appeals Panel constituted in accordance with section 75(1) of this Act,

"the Register" means the Scottish Charity Register,

"relevant financial institution" means-

(a) a person who has permission under Part 4 of the Financial Services and Markets Act 2000 (c.8) to accept deposits,

(b) an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits,

and this definition must be read with section 22 of and Schedule 2 to that Act and any relevant order under that section,

"reorganisation scheme" has the meaning given in section 42(3) and references to "approved reorganisation schemes" are references to schemes approved under section 39 or 40,

"SCIO" has the meaning given in section 49.

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the European Parliament,

(d) an office-holder in the Scottish Administration,

(e) an individual of such other description as may be prescribed by order by the Scottish Ministers.

(a) is to be appointed for such period as is specified in the appointment,

(b) may, by notice to the Scottish Ministers, resign as a member,

(c) in other respects, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,

(d) after ceasing to hold office, may be reappointed as a member.

(a) that the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract,

(b) that the member-

(i) has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or

(ii) is unable to discharge the member's functions as a member or is unsuitable to continue as a member, or

(c) that it is necessary or expedient to do so in connection with the management of the affairs of the Regulator.

(a) one of the members of the Regulator to chair the Regulator, and

(b) another of those members to act as deputy to that member.

(a) is appointed to chair the Regulator or to act as deputy to that member, or

(b) ceases to hold office as such,

(a) must appoint a chief executive, and

(b) may appoint such other employees as it considers appropriate.

(a) vacancy in its membership, or

(b) defect in the appointment of a member.

(a) a solicitor holding a practising certificate issued in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (c.46), or

(b) an advocate.

(a) a Lord of Appeal in Ordinary or holds any of the judicial offices specified in Part 1 of schedule 1 to the House of Commons Disqualification Act 1975 (c.24),