Textual Amendments
F1Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2
(1)A body's name falls within this section if it is—
(a)the same as, or too like, the name [F2or working 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.
(2)The reference in subsection (1)(b) to a body's purposes are—
(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.
[F3(3)Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.]
Textual Amendments
F2Words in s. 10(1)(a) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(3)(a); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
F3S. 10(3) inserted (1.4.2024) by Charities (Regulation and Administration) (Scotland) Act 2023 (asp 5), s. 21(2), sch. para. 6(3)(b); S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
Commencement Information
I1S. 10 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2