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Statutory Instruments of the Scottish Parliament
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The Charity Test (Specified Bodies) (Scotland) Order 2008
Made
26th June 2008
Coming into force
27th June 2008
The Scottish Ministers make the following Order in exercise of the powers conferred by section 7(5) of the Charities and Trustee Investment (Scotland) Act 2005(1) and all other powers enabling them to do so.
In accordance with section 103(5) of that Act, a draft of the Order has been laid before and approved by resolution of the Scottish Parliament.
Citation and commencement
1. This Order may be cited as the Charity Test (Specified Bodies) (Scotland) Order 2008 and comes into force on the day after the day on which it is made.
Specified Bodies
2. Section 7(4)(b) of the Charities and Trustee Investment (Scotland) Act 2005 is disapplied in relation to the bodies specified in the Schedule to this Order.
FIONA HYSLOP
A member of the Scottish Executive
St Andrew´s House,
Edinburgh
26th June 2008
Article 2
SCHEDULE SPECIFIED BODIES
The Board of Management of Aberdeen College of Further Education
The Board of Management of The Adam Smith College, Fife
The Board of Management of Angus College of Further Education
The Board of Management of Anniesland College
The Board of Management of Ayr College
The Board of Management of Banff and Buchan College of Further Education
The Board of Management of The Barony College
The Board of Management of Borders College
The Board of Management of Cardonald College
The Board of Management of Carnegie College
The Board of Management of Central College of Commerce
The Board of Management of Clydebank College
The Board of Management of Coatbridge College
The Board of Management of Cumbernauld College
The Board of Management of Dumfries and Galloway College
The Board of Management of Dundee College
The Board of Management of Edinburgh´s Telford College
The Board of Management of Elmwood College
The Board of Management of Forth Valley College of Further and Higher Education
The Board of Management of Glasgow College of Nautical Studies
The Board of Management of Glasgow Metropolitan College
The Board of Management of Inverness College
The Board of Management of James Watt College of Further and Higher Education
The Board of Management of Jewel and Esk College
The Board of Management of John Wheatley College
The Board of Management of Kilmarnock College
The Board of Management of Langside College
The Board of Management of Lews Castle College
The Board of Management of Moray College
The Board of Management of Motherwell College
The Board of Management of North Glasgow College
The Board of Management of The North Highland College
The Board of Management of Oatridge College
The Board of Management of Perth College
The Board of Management of Reid Kerr College
The Board of Management of South Lanarkshire College
The Board of Management of Stevenson College Edinburgh
The Board of Management of Stow College
The Board of Management of West Lothian College
Explanatory Note
(This note is not part of the Order)
By this Order Scottish Ministers have disapplied paragraph (b) of section 7(4) of the Charities and Trustee Investment (Scotland) Act 2005 ("the 2005 Act") in relation to the bodies specified in the Schedule to the Order.
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.
2005 asp 10. Back [1]