Part 4General and supplementary

I1106General interpretation

In this Act, unless the context otherwise requires—

  • applicant” has the meaning given in section 4(a),

  • benevolent body” has the meaning given in section 79,

  • charitable purposes” means the purposes set out in section 7(2),

  • charity” means a body entered in the Register,

  • charity test” is to be construed in accordance with section 7,

  • charity trustees” means the persons having the general control and management of the administration of a charity,

  • F1“company” means a company registered under the Companies Act 2006 in England and Wales or Scotland,

  • “constitution”—

    1. a

      F2in relation to a charity or other body which is a company, means its articles of association,

    2. b

      in relation to a charity or other body which is a body of trustees, means the trust deed,

    3. c

      in relation to a SCIO, has the meaning given in section 50,

    4. d

      in relation to a charity or other body established by enactment, means the enactment which establishes it and states its purposes,

    5. e

      in relation to charity or other body established by a Royal charter or warrant, means the Royal charter or warrant, and

    6. f

      in the case of any other charity or body, means the instrument which establishes it and states its purposes,

    F8but where the charity has varied its constitution (by means of a reorganisation scheme or otherwise), a reference to its constitution is a reference to its constitution as so varied,

  • designated national collector” means a charity designated as such under section 87(4),

  • designated religious charity” means a charity designated as such under section 65(1),

  • equal opportunities” and “equal opportunity requirements” have the meaning given in Section L2 of Part 2 of Schedule 5 to the Scotland Act 1998 (c. 46),

  • F5the First-tier Tribunal” means the First-tier Tribunal for Scotland General Regulatory Chamber

  • local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39),

  • misconduct” includes mismanagement,

  • OSCR” means the holder of the Office of the Scottish Charity Regulator,

  • F6...

  • the Register” means the Scottish Charity Register,

  • relevant financial institution” means—

    1. a

      a person who has permission under F4 Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits,

    2. b

      an EEA firm of the kind mentioned in paragraph 5(b) of Schedule 3 to that Act which has permission under paragraph 15 of that Schedule (as a result of qualifying for authorisation under paragraph 12(1) of that Schedule) to accept deposits,

    and this definition must be read with section 22 of and Schedule 2 to that Act and any relevant order under that section,

  • reorganisation scheme” has the meaning given in section 42(3) and references to “approved reorganisation schemes” are references to schemes approved under section 39 or 40,

  • F3restricted funds reorganisation scheme” has the meaning given in section 43D and references to “approved restricted funds reorganisation schemes” are references to schemes approved under section 43A or 43B,

  • SCIO” has the meaning given in section 49,

  • F7working name”, in relation to a charity, means a name that is not the charity’s name but which is used to identify the charity and under which it carries out activities.