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)Any 2 or more individuals may apply to OSCR for a SCIO to be constituted and for its entry in the Register.
(2)The application must—
(a)state the name of the SCIO,
(b)state the proposed principal office of the SCIO,
(c)be accompanied by a copy of the SCIO's proposed constitution,
(d)contain such other information, and be accompanied by such other documents, as may be—
(i)required by regulations under section 6(1), or
(ii)otherwise required by OSCR.
(3)OSCR may grant the application only if it considers that the SCIO, if constituted, would meet the charity test.
(4)OSCR must refuse the application if—
(a)it considers that the SCIO's proposed name falls within section 10,
(b)the SCIO's proposed constitution does not comply with one or more of the requirements of section 50 and any regulations made under that section, or
(c)the application must, by virtue of regulations under section 6(1), be refused,
but must not otherwise refuse an application if it considers that the SCIO, if constituted, would meet the charity test.
(5)Sections 4 and 5 do not apply in relation to an application under subsection (1).
Commencement Information
I1S. 54 in force at 1.4.2011 by S.S.I. 2011/20, art. 2(3)(d)