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Statutory Instruments of the Scottish Parliament
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Regulations made by the Scottish Ministers and laid before the Scottish Parliament under paragraph 8(2) of schedule 14 of the Corporate Insolvency and Governance Act 2020 for approval by resolution of the Scottish Parliament within 40 days beginning with the day on which the Regulations were made, not taking into account any period of dissolution or recess for more than 4 days.
Scottish Statutory Instruments
2020 No. 421
Charities
The Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020
Made
at 2.30 p.m. on 9th December 2020
Laid before the Scottish Parliament
at 4.30 p.m. on 9th December 2020
Coming into force
30th December 2020
The Scottish Ministers make the following Regulations in exercise of the power conferred by paragraph 2(2)(b) of schedule 14 of the Corporate Insolvency and Governance Act 2020( 1) and all other powers enabling them to do so.
Citation and commencement
1. These Regulations may be cited as the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 and come into force on 30 December 2020.
Amendment of the Corporate Insolvency and Governance Act 2020
2.—(1) The Corporate Insolvency and Governance Act 2020 is amended in accordance with paragraph (2).
(2) In paragraph 2(1)(b) of schedule 14 (meaning of “relevant period”)( 2), in relation to a Scottish charitable incorporated organisation within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005( 3), for “30 December 2020” substitute “30 March 2021”.
AILEEN CAMPBELL
A member of the Scottish Government
St Andrew’s House,
Edinburgh
At 2.30 p.m. on 9th December 2020
EXPLANATORY NOTE
(This note is not part of the Regulations)
These Regulations amend the definition of “relevant period” in paragraph 2(1) of schedule 14 of the Corporate Insolvency and Governance Act 2020 (“the Act”).
The Act makes provision about meetings of Scottish charitable incorporated organisations (“SCIOs”) to give them more flexibility as to when and how general meetings (such as annual general meetings) and some other meetings are held. The Act allows SCIOs to hold such meetings remotely (regardless of whether that is permitted by their constitutions) in the “relevant period”.
As currently defined the “relevant period” began with 26 March 2020 and would end with 30 December 2020. As amended by these Regulations the “relevant period” is the period which began with 26 March 2020 and will end with 30 March 2021.
2020 c.12. Paragraph 2(2)(b) of schedule 14 provides that the “appropriate national authority” may by regulations substitute for the date for the time being specified in paragraph 2(1)(b) of that schedule a later date that is not more than three months after the date for the time being so specified and is not later than 5 April 2021. Paragraph 2(4)(b) provides that the “appropriate national authority” means, in relation to Scottish charitable incorporated organisations, the Scottish Ministers.
Paragraph 2(1)(b) of schedule 14 was amended in relation to Scottish charitable incorporated organisations within the meaning of Chapter 7 of Part 1 of the Charities and Trustee Investment (Scotland) Act 2005 by S.S.I. 2020/284. It was amended in relation certain other types of organisation by S.I. 2020/1031and by S.R. (NI) 2020 No 211.