Charities and Trustee Investment (Scotland) Act 2005

Changes to legislation:

Charities and Trustee Investment (Scotland) Act 2005, Cross Heading: Appointment is up to date with all changes known to be in force on or before 29 May 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

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Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

s. 2(1A) inserted by 2023 asp 5 sch. para. 1(2)
s. 3(3)(aa) inserted by 2023 asp 5 s. 2(2)(a)
s. 17(1)(ba) inserted by 2023 asp 5 s. 3(2)
s. 44(1)(ca) inserted by 2023 asp 5 s. 10(2)(a)(i)
s. 44(4A) inserted by 2023 asp 5 s. 10(2)(b)
s. 45B and cross-heading inserted by 2023 asp 5 s. 10(3)
s. 66A and cross-heading inserted by 2023 asp 5 s. 3(3)
s. 69(2)(a)(ai) inserted by 2023 asp 5 s. 4(2)(a)(i)
s. 69(2)(b)(i) words in s. 69(2)(b) renumbered as s. 69(2)(b)(i) by 2023 asp 5 s. 5(2)(a)(i)
s. 69(2)(b)(i) words inserted by 2023 asp 5 s. 5(2)(a)(ii)
s. 69(2)(b)(ii) inserted by 2023 asp 5 s. 5(2)(a)(iii)
s. 69(2)(f)-(i) inserted by 2023 asp 5 s. 5(2)(d)
s. 69(2)(da)(db) inserted by 2023 asp 5 s. 5(2)(c)
s. 69(2A) inserted by 2023 asp 5 s. 5(3)(b)
s. 69(3A) inserted by 2023 asp 5 s. 5(3)(c)
s. 69(7) inserted by 2023 asp 5 s. 5(3)(e)
s. 69A inserted by 2023 asp 5 s. 4(3)
s. 69B inserted by 2023 asp 5 s. 6(2)
s. 70(4)-(6) inserted by 2023 asp 5 s. 5(4)(b)
s. 70ZA 70ZB inserted by 2023 asp 5 s. 7(3)
s. 71(pc) inserted by 2023 asp 5 s. 7(4)
s. 103(5)(ca) inserted by 2023 asp 5 s. 5(5)
s. 103(5)(cb) inserted by 2023 asp 5 s. 4(4)

[F1AppointmentS

Textual Amendments

F1S. 70A inserted (1.8.2010) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 126, 134(7); S.S.I. 2010/221, art. 3(2), Sch.

70AAppointment of charity trusteesS

[F2(1)OSCR may, on the request of a charity, appoint a person as an interim charity trustee for the charity where—

(a)the charity has an insufficient number of charity trustees to be able to appoint a charity trustee under its constitution, and

(b)the charity’s constitution does not provide a mechanism for appointing a charity trustee in such circumstances.

(2)OSCR may, of its own accord or on the representation of any person, appoint a person as an interim charity trustee for a charity where OSCR is satisfied that—

(a)the charity has no existing charity trustees,

(b)all of the charity’s existing charity trustees either—

(i)cannot be found, or

(ii)are not acting and are not expected to resume acting, or

(c)the number of the charity’s existing charity trustees who fall within sub-paragraph (i) or (ii) of paragraph (b) is such that the charity is unable to make a request under subsection (1).]

(3)OSCR may appoint more than one [F3interim] charity trustee under subsection [F4(1) or] (2), but only as many as is necessary for the charity to be able to appoint charity trustees under its constitution [F5without requiring involvement from charity trustees who cannot be found or are not acting].

(4)A person appointed as an [F6interim] charity trustee under subsection [F7(1) or] (2)—

(a) is appointed for the period of 12 months (or such shorter period as OSCR thinks fit) starting with the date of appointment, and

(b)has the same functions as a charity trustee appointed under the charity's constitution.

(5)Despite subsection (4)(a), if—

(a)at the end of the period mentioned in that subsection, the charity is F8... not (but for the [F9interim] charity trustee) able to appoint a charity trustee under its constitution [F10without requiring involvement from charity trustees who cannot be found or are not acting], and

(b)OSCR, the majority of the charity trustees (or if only two trustees, either of them) and the [F11interim] charity trustee agree to an extension,

an [F12interim] charity trustee's period of appointment may be extended by one period of up to three months starting with the expiry of the original period of appointment.

[F13(5A)For the purpose of subsection (5)(b), no account is to be taken of any charity trustees who cannot be found or are not acting.]

(6) Nothing in subsections (1) to (5) prevents a person appointed as an [F14interim] charity trustee by OSCR under subsection [F15(1) or] (2) from being appointed as a charity trustee by the charity under its constitution.

(7)But the [F16interim] charity trustee may not vote on whether to make such an appointment.

(8)Where an [F17interim] charity trustee is appointed as a charity trustee under the charity's constitution, the person's appointment as an [F17interim] charity trustee comes to an end on the date of that subsequent appointment.]

[F18(9)For the purposes of subsection (1), a request is the request of a charity if it is from—

(a)the majority of the charity trustees of the charity, or

(b)if there are only two charity trustees of the charity, either of them.]

Textual Amendments

F2S. 70A(1)(2) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(2), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F3Word in s. 70A(3) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(3)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F4Words in s. 70A(3) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(3)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F5Words in s. 70A(3) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(3)(c), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F6Word in s. 70A(4) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(4)(a), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F7Words in s. 70A(4) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(4)(b), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F8Word in s. 70A(5)(a) repealed (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(5)(a)(i), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)

F9Word in s. 70A(5)(a) substituted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), ss. 8(5)(a)(ii), 21(2); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)