
1 

(1) This Order may be cited as the Charities and Trustee Investment (Scotland) Act 2005 (Commencement No. 3, Transitional and Savings Provision) Order 2006.
(2) In this Order, “the Act” means the Charities and Trustee Investment (Scotland) Act 2005.
2 

(1) The provisions of the Act specified in Part 1 of the Schedule to this Order, so far as not already in force, shall come into force on 1st April 2006.
(2) The provisions of the Act specified in Part 2 of the Schedule to this Order, so far as not already in force, shall come into force on 24th April 2006.
3 

(1) Notwithstanding the repeal of sections 3, 4, 5 and 15(1) to (8) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 by the coming into force of paragraph 7(b) of Schedule 4 to the Act on 1st April 2006, those provisions of the 1990 Act and the following Regulations and Orders–
(a) the Charities Accounts (Scotland) Regulations 1992;
(b) the Charities (Exemptions from Accounting Requirements) (Scotland) Regulations 1993;
(c) the Charities (Exemptions from Accounting Requirements) (Scotland) Amendment Regulations 1995;
(d) the Charities (Exemption from Accounting Requirements) (Scotland) Amendment Regulations 2000;
(e) the Charities (Designated Religious Bodies) (Scotland) Order 1993;
(f) the Charities (Designated Religious Bodies) (Scotland) Order 2005,
shall continue to apply to a charity in relation to accounts for a financial year beginning before 1st April 2006.
(2) The following provisions of the Act shall not apply to a designated religious body until 1st October 2007–
(a) subsections (1) to (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);
(b) section 28(3);
(c) section 31(4) and (6);
(d) section 34(5)(c) to (e);
(e) section 69.
(3) Paragraphs (1) and (2) do not apply to a designated religious body which has been designated as a designated religious charity under section 65 of the Act.
(4) In this article, “designated religious body” means a body designated as such in either the Charities (Designated Religious Bodies) (Scotland) Order 1993 or the Charities (Designated Religious Bodies) (Scotland) Order 2005, and those Orders and section 3 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 shall continue to apply for the purposes of paragraphs (2) and (3) of this article notwithstanding the repeal of that section.
MALCOLM CHISHOLM
A member of the Scottish Executive
St Andrew’s House,
Edinburgh
31st March 2006
SCHEDULE
Article 2
PART 1

Section Subject matter
Section 1(5), except sub-section (5)(a) Office of the Scottish Charity Regulator
Section 3 Scottish Charity Register
Section 13 References to charitable status
Section 14 Exception for certain bodies not in Register
Section 16 Changes which require OSCR’s consent
Section 17 Notification of other changes
Section 22 Power of OSCR to obtain information from charities
Section 28 Inquiries about charities etc.
Section 29 Power of OSCR to obtain information for inquiries
Section 31 Powers of OSCR following inquiries
Section 32 Suspensions and directions: procedure
Section 33 Reports on inquiries
Section 34 Powers of Court of Session
Section 35 Transfer schemes
Section 36 Powers in relation to English and Welsh charities
Section 37 Expenses
Section 38 Delegation of functions
Section 43 Endowments
Section 44 Accounts
Section 45 Failure to provide statement of account
Section 46 Duty of auditors etc. to report matters to OSCR
Section 47 Dormant accounts of charities
Section 48 Dormant accounts of charities: procedure and interpretation
Section 65 Designated religious charities
Section 66 Charity trustees: general duties
Section 67 Remuneration for services
Section 68 Remuneration: supplementary
Section 69 Disqualification from being charity trustee
Section 70 Disqualification: supplementary
Section 71 Decisions
Section 72 Notice of decisions
Section 73 Effect of decisions
Section 74 Review of decisions
Section 76 Appeals to Scottish Charity Appeals Panel
Section 77 Reconsideration of decision remitted to OSCR
Section 78 Appeals to Court of Session
Section 99 Population of Register etc.
Section 104 Minor and consequential amendments and repeals
Section 105 Meaning of “control” etc.
Paragraphs 1, 2, 3, 4, 5(a), 6, 7, 10, 12 to 19 of Schedule 4 Minor and consequential amendments and repeals
PART 2

Section Subject matter
Section 1(5)(a) Office of the Scottish Charity Regulator
Section 2 Annual reports
Section 4 Application for entry in Register
Section 5 Determination of applications
Section 6 Applications: further procedure
Section 7 The charity test
Section 8 Public benefit
Section 10 Objectionable names
Section 11 Change of name
Section 12 Power to OSCR to require charity to change name
Section 15 References in documents
Section 18 Removal from Register
Section 19 Removal from Register: protection of assets
Section 20 Co operation
Section 21 Public access to Register
Section 23 Entitlement to information about charities
Section 24 Disclosure of information by and to OSCR
Section 25 Removal of restrictions on disclosure of certain information
Section 26 False or misleading information etc
Section 27 Disclosure of information: entitlement under other enactments etc.
Section 30 Removal from Register of charity which no longer meets charity test
Section 80 Representation and solicitation
Section 81 Prohibition on professional fundraising without formal agreement
Section 82 Prevention of unauthorised fundraising
Section 83 Regulations about fundraising
Section 100 Notices, applications etc.
Section 101 Offences by bodies corporate etc.
Paragraph 9 of Schedule 4 Minor and consequential amendments and repeals