Charities and Trustee Investment (Scotland) Act 2005

• (2) Before determining such an application, the local authority must consult the chief constable of the Police Service of Scotland and may make other inquiries.

• (3) On such an application the local authority may—

• (a) grant its consent (whether or not subject to conditions), or

• (b) refuse its consent on any of the grounds set out in subsection (6).

• (4) Where the application has been made not later than 2 months before the proposed date of the collection, the local authority must give the organiser notice of its decision on the application not later than 14 days before that date.

• (5) The conditions which may be imposed in pursuance of subsection (3)(a) are such conditions as the local authority thinks fit having regard to the local circumstances in which the collection is to be held, including conditions—

• (a) specifying the date, time or frequency of the collection,

• (b) specifying where it may take place,

• (c) regulating its conduct,

• (d) as to the use by collectors of any badges or certificates of authority which regulations made under section 83(1) require to be provided,

• (e) specifying the form of collection boxes, other containers and any other articles which may be used for the purposes of the collection,

• (f) as to any other matter relating to the local circumstances of the collection.

• (6) The grounds of refusal referred to in subsection (3)(b) are—

• (a) that the date, time or frequency of the collection, or that holding it at the proposed place, would cause undue public inconvenience,

• (b) that another collection in respect of which consent under this section has been given by the authority or which is organised by a designated national collector is due to take place in the area of the authority on the same day or the day before or after that day,

• (c) that it appears to the local authority that the amount likely to be applied for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes in consequence of the collection is inadequate having regard to the likely amount of the proceeds of the collection,

• (d) where the local authority has requested the organiser of the collection to provide it with any supplementary information which it considers necessary for the purposes of determining the application, that the organiser has failed to comply with the request, and

• (e) that the organiser of the collection has been convicted of—

• (i) an offence under section 85(1), 90(3) or 91(3) of this Act, or

• (ii) any other offence which involves dishonesty or the commission of which would be likely to be facilitated by the grant of consent under this section.

• (7) Where a local authority has reason to believe that, since its consent was granted under this section, there has been a change in circumstances such that one or more of the grounds of refusal set out in subsection (6) applies in relation to the public benevolent collection, the authority may, not later than the day before the date of the collection—

• (a) withdraw the consent, or

• (b) vary the consent by making it subject to conditions or further conditions or varying any condition to which it is subject.

• (8) Where a local authority has reason to believe that there has been, or is likely to be, a breach of any condition imposed on a consent under this section, it may, not later than the day before the date of the collection, withdraw the consent.

• (9) A local authority must give the organiser of a public benevolent collection notice of a decision under this section—

• (a) to grant consent subject to conditions,

• (b) to refuse consent,

• (c) to withdraw or vary a consent,

including the reasons for the authority's decision and information about the organiser's right of appeal under section 88.

• (10) The Scottish Ministers may, by regulations, disapply the duty to consult under subsection (2) in relation to applications of such type as they may describe in the regulations.

Designated national collectors

87

• (1) OSCR may specify criteria to be satisfied for the purposes of—

• (a) obtaining, and

• (b) retaining,

designation as a designated national collector under this section.

• (2) Before specifying such criteria, OSCR must consult—

• (a) such associations representing local authorities,

• (b) such persons representing the interests of charities, and

• (c) such other persons,

as it thinks fit.

• (3) OSCR must publish any criteria specified under subsection (1).

• (4) OSCR may designate as a designated national collector a charity which appears to it to satisfy such criteria as are for the time being specified under subsection (1)(a).

• (5) OSCR may withdraw a designation under subsection (4) from a charity which appears to it not to satisfy such criteria as are for the time being specified under subsection (1)(b).

• (6) Regulations under section 90 may make provision about the effect of the withdrawal of a designation in relation to public benevolent collections notice of which was, prior to the withdrawal, given under subsection (7).

• (7) A designated national collector which proposes to hold a public benevolent collection in the area of a local authority must—

• (a) no earlier than 18 months, and

• (b) no later than 3 months,

before the proposed date of the collection, notify the authority of the proposal.

• (8) The local authority may prohibit the public benevolent collection if it considers that the public benevolent collection would be likely to cause undue public inconvenience (by reason of it being held on the same date and at the same time and place as any other public benevolent collection or for any other reason).

• (9) A decision under subsection (8) must be made not later than one month after the date of the notification under subsection (7).

• (10) A local authority must give the designated national collector notice of a decision under subsection (8) including the reasons for the authority's decision and information about the designated national collector's rights of appeal under section 88.

Appeals

88

• (1) The organiser of a public benevolent collection may, by summary application, appeal to the sheriff against a decision of a local authority under section 86—

• (a) granting consent subject to conditions,

• (b) refusing consent, or

• (c) withdrawing or varying a consent.

• (2) But no appeal is competent under subsection (1) against the decision of the local authority so far as the decision, or the reasons for it, relate to the date of the proposed collection.

• (3) A designated national collector may, by summary application, appeal to the sheriff against a decision of a local authority under section 87(8).

• (4) An appeal under this section must be lodged within 14 days of the date of receipt of the notice under section 86(9) or, as the case may be, 87(10).

• (5) In upholding an appeal under this section the sheriff may quash the decision of the local authority and remit the case, together with reasons for the sheriff's decision, to the authority for further consideration.

Application of funds

89

• (1) This section applies where the court, on an application by OSCR, is satisfied that sums collected in a public benevolent collection by or on behalf of any person other than a charity cannot for any reason be applied for the purposes for which they were collected.

• (2) The court may—

• (a) order any person holding such sums not to part with them without the court's consent,

• (b) approve a scheme prepared by OSCR for the transfer of those sums to a charity specified in the scheme.

• (3) The court may approve a scheme under subsection (2)(b) subject to modifications.

• (4) In this section, “the court” means the sheriff.

Regulations relating to public benevolent collections

90

• (1) The Scottish Ministers may, by regulations, make further provision for the purpose of regulating public benevolent collections.

• (2) Such regulations may, in particular, include provision—

• (a) about keeping and publishing accounts,

• (b) for preventing public inconvenience,

• (c) specifying particular provisions of the regulations breach of which is an offence under subsection (3).

• (3) Any person who contravenes a provision of such regulations breach of which is stated in the regulations to be an offence is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

Collection of goods

91

• (1) The Scottish Ministers may, by regulations, make provision about the collection from the public of goods for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes.

• (2) Those regulations may, in particular, include provision—

• (a) requiring the organiser of such a collection to notify the local authority for the area in which it is proposed that the collection be carried out,

• (b) allowing or requiring the local authority, in such circumstances as may be specified in the regulations, to prohibit the carrying out of such a collection,

• (c) about the dates, times and places at which, and the frequency with which, such collections may be carried out,

• (d) about keeping and publishing reports on those collections,

• (e) for preventing public inconvenience,

• (f) specifying particular provisions of the regulations breach of which is to be an offence under subsection (3).

• (3) Any person who contravenes a provision of such regulations breach of which is stated in the regulations to be an offence is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Guidance on collections

92

Local authorities must have regard to any guidance issued by OSCR about the exercise of their functions in relation to—

• (a) public benevolent collections, or

• (b) collections from the public of goods for the benefit of benevolent bodies or for charitable, benevolent or philanthropic purposes.

Part 3 — Investment powers of trustees

Extension of general powers of trustees

93

• (1) Section 4 (general powers of trustees) of the Trusts (Scotland) Act 1921 (c. 58) is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (e) insert—

(ea) To make any kind of investment of the trust estate (including an investment in heritable property). (eb) To acquire heritable property for any other reason.

,

• (b) paragraph (ee) is repealed.

• (3) After subsection (1) insert—

(1A) The power to act under subsection (1)(ea) or (eb) above is subject to any restriction or exclusion imposed by or under any enactment. (1B) The power to act under subsection (1)(ea) or (eb) above is not conferred on any trustees who are— (a) the trustees of a pension scheme, (b) the trustees of an authorised unit trust, or (c) trustees under any other trust who are entitled by or under any other enactment to make investments of the trust estate. (1C) No term relating to the powers of a trustee contained in a trust deed executed before 3rd August 1961 is to be treated as restricting or excluding the power to act under subsection (1)(ea) above. (1D) No term restricting the powers of investment of a trustee to those conferred by the Trustee Investments Act 1961 (c. 62) contained in a trust deed executed on or after 3rd August 1961 is to be treated as restricting or excluding the power to act under subsection (1)(ea) above. (1E) The reference in subsection (1D) above to a trustee does not include a reference to a trustee under a trust constituted by a private or local Act of Parliament or a private Act of the Scottish Parliament; and “trust deed” shall be construed accordingly. (1F) In this section— “authorised unit trust” means a unit trust scheme in the case of which an order under section 243 of the Financial Services and Markets Act 2000 (c. 8) is in force, “enactment” has the same meaning as in the Scotland Act 1998 (c. 46), “pension scheme” means an occupational pension scheme (within the meaning of the Pension Schemes Act 1993 (c. 48)) established under a trust and subject to the law of Scotland.

Exercise of power of investment

94

After section 4 of the Trusts (Scotland) Act 1921 (c. 58) insert—

(4A) (1) Before exercising the power of investment under section 4(1)(ea) of this Act, a trustee shall have regard to— (a) the suitability to the trust of the proposed investment, and (b) the need for diversification of investments of the trust, in so far as is appropriate to the circumstances of the trust. (2) Before exercising that power of investment, a trustee shall (except where subsection (4) applies) obtain and consider proper advice about the way in which the power should be exercised. (3) When reviewing the investments of the trust, a trustee shall (except where subsection (4) applies) obtain and consider proper advice about whether the investments should be varied. (4) If a trustee reasonably concludes that in all the circumstances it is unnecessary or inappropriate to obtain such advice, the trustee need not obtain it. (5) In this section, “proper advice” means the advice of a person who is reasonably believed by the trustee to be qualified by the person's ability and practical experience of financial and other matters relating to the proposed investment.

Amendments consequential on Part 3

95

Schedule 3 makes amendments consequential on sections 93 and 94.

Part 4 — General and supplementary

Power of charity to participate in certain financial schemes

96

• (1) Every charity has power to participate in common investment schemes and common deposit schemes.

• (2) Subsection (1) does not apply where a charity's constitution excludes such participation by referring specifically to common investment schemes or, as the case may be, common deposit schemes.

• (3) In this section, “common investment scheme” and “common deposit scheme” have the meanings given to those expressions in sections 96 and 100 of the Charities Act 2011.

Financial assistance for benevolent bodies

97

• (1) The Scottish Ministers may make such payments as they think fit to—

• (a) any benevolent body, in connection with its activities,

• (b) any person, in connection with anything done by that person with a view to enabling one or more benevolent bodies, benevolent bodies of a particular type or benevolent bodies generally to implement their purposes to better effect.

• (2) Such payments may include payments in relation to the costs of establishing, dissolving or winding up a benevolent body.

• (3) A payment under subsection (1) may be made by way of grant, loan or otherwise.

• (4) A payment under subsection (1) may be made subject to conditions, including conditions requiring repayment in specified circumstances.

• (5) No payment may be made under subsection (1) to a local authority or any other public body or office-holder.

• (6) The power to make a payment under subsection (1) may be exercised whether or not there is power to make the payment under any other enactment.

Rate relief for registered community amateur sports clubs

98

• (1) Section 4 (reduction and remission of rates payable by charitable and other organisations) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9) is amended as follows.

• (2) In subsection (2)—

• (a) for the word “or” which follows paragraph (a) substitute—

(aa) are occupied by a registered community amateur sports club and are wholly or mainly used for the purposes of that club (or for the purposes of that and of other clubs which are, or are entitled to be registered as, such clubs);

,

• (b) for “either paragraph (a) or paragraph (b)” substitute “ any of paragraphs (a), (aa) and (b) ”.

• (3) In subsection (5), for “paragraph (a), (b) or (c)” substitute “ any of paragraphs (a) to (c) ”.

• (4) In subsection (10), after paragraph (b) insert—

(c) “registered community amateur sports club” means a registered club for the purposes of Schedule 18 to the Finance Act 2002 (c. 23); and the period during which a club is a registered club for those purposes is to be taken to begin with the date on which its registration takes effect and end on the date with effect from which its registration is terminated (whether or not it is registered, or its registration is terminated, with retrospective effect).

• (5) After subsection (12) insert—

(13) The amendments to this section made by section 98 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) (which extend mandatory relief to, and allow discretionary relief to be given to, registered community amateur sports clubs) have effect only as respects the year 2006–7 and subsequent years.

Population of Register etc.

99

• (1) OSCR must enter in the Register each body which was, immediately prior to the commencement of paragraph 7(a)(ii) of Schedule 4 to this Act, entitled by virtue of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40) to describe itself as a “Scottish charity”.

• (2) Subsection (1) does not affect OSCR's power to remove a charity from the Register under section 30.

• (3) The Scottish Ministers may by order—

• (a) disapply section 3(3) in so far as it would otherwise apply to any body entered in the Register under subsection (1) for such period ending no later than 18 months after the commencement of this section as may be specified in the order,

• (b) provide—

• (i) that any unregistered charitable body (or any such body of a particular type) may, despite any contrary provision in this Act, refer to itself as a “charity” for such period ending no later than 12 months after the commencement of this section as may be so specified, and

• (ii) that any provision of this Act or of any other enactment is to apply (with such modifications, if any, as may be so specified) to any such body as if it were entered in the Register for so long as it refers to itself as a “charity”.

• (4) In subsection (3), “unregistered charitable body” means a body which—

• (a) is established under the law of a country or territory other than Scotland,

• (b) is entitled to refer to itself as a “charity” (by any means or in any language) in that country or territory, and

• (c) does not require to be entered in the Register under subsection (1).

Notices, applications etc.

100

• (1) In this section, “formal communication” means—

• (a) any notice, notification, direction or consent given, or

• (b) any request for review, proposal, application (other than an application to a court), report or decision made,

under or for the purposes of this Act.

• (2) A formal communication must be made in writing.

• (3) A formal communication which is sent by electronic means is to be treated as being in writing if it is received in a form which is legible and capable of being used for subsequent reference.

• (4) A formal communication is given to or made to a person if it is—

• (a) delivered to the person,

• (b) sent by post in a prepaid registered letter, or by the recorded delivery service, addressed—

• (i) where the person is a charity, to the charity at the principal office set out in its entry in the Register or to the charity trustee whose name is so set out at the address so set out,

• (ii) where the person is an incorporated company or body (other than a charity), to the secretary, chief clerk or chief executive of the company or body at its registered or principal office,

• (iii) where the person is a public office-holder, to the office-holder at the office-holder's principal office,

• (iv) in any other case, to the person at that person's usual or last known place of abode, or

• (c) sent to the person in some other manner (including by electronic means) which the sender considers likely to cause it to be delivered on the same or next day.

• (5) Where a charity's entry in the Register does not, because of subsection (4) of section 3, include the information specified in subsection (3)(b) of that section, a formal communication may also be given to or made to the charity if it is sent by post in a prepaid registered letter, or by the recorded delivery service, addressed—

• (a) to the charity care of OSCR, or

• (b) where OSCR is the sender—

• (i) to the charity at its principal office, or

• (ii) to the charity trustee whose name is, because of section 3(4), excluded from the Register at the address which is so excluded.

• (5A) Subsection (5B) applies where OSCR has cause to believe that giving or making a formal communication to a charity by the means specified in subsection (4)(b) or (5)(b) will not cause it to be received by the charity or, as the case may be, the charity trustee whose name is set out in the charity’s entry in the Register.

• (5B) The communication may also be given or made by OSCR sending it by post in a prepaid registered letter, or by the recorded delivery service, addressed to the charity at such address or addresses as OSCR considers is likely to cause it to be received by the charity or a charity trustee of the charity.

• (5C) Subsection (5D) applies where—

• (a) OSCR has cause to believe that giving or making a formal communication of a specified notice to a charity, body or person by the means specified in subsection (4)(b) or (5)(b) will not cause it to be received by the charity, body or person, and

• (b) based on the contact details OSCR holds for the charity, body or person, OSCR considers that it is not reasonably practicable to give or make the communication by the means specified in subsection (4)(a) or (c) or (5B).

• (5D) The communication may also be given or made by such other means as OSCR considers appropriate (including, for example, by publishing the notice on its website or in a newspaper).

• (5E) For the purposes of subsection (5C), a specified notice is one given by OSCR under—

• (a) section 45A(2),

• (b) section 72(1) so far as it relates to a decision referred to in one of the following paragraphs of section 71—

• (i) paragraph (h),

• (ii) paragraph (l) (so far as it relates to a direction under section 31(7) or (9)),

• (iii) paragraph (mb),

• (iv) paragraph (pb).

• (6) A formal communication sent under subsection (4)(c) is, unless the contrary is proved, to be deemed to be delivered on the next working day which follows the day on which it is sent.

• (7) In subsection (6), “working day” means any day other than a Saturday, a Sunday or a day which, under the Banking and Financial Dealings Act 1971 (c. 80), is a bank holiday in Scotland.

Offences by bodies corporate etc.

101

• (1) Where an offence under this Act committed—

• (a) by a body corporate, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

• (i) is a director, manager or secretary of the body corporate, or

• (ii) purports to act in any such capacity,

• (b) by a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

• (i) is a partner, or

• (ii) purports to act in that capacity,

• (c) by an unincorporated association other than a Scottish partnership, is committed with the consent or connivance of, or is attributable to any neglect on the part of, a person who—

• (i) is concerned in the management or control of the association, or

• (ii) purports to act in the capacity of a person so concerned,

the individual (as well as the body corporate, Scottish partnership or, as the case may be, unincorporated association) is guilty of the offence and is liable to be proceeded against and punished accordingly.

• (2) Where the affairs of a body corporate are managed by its members, subsection (1) applies in relation to the acts and defaults of a member in connection with the member's functions of management as if the member were a director of the body corporate.

Ancillary provision

102

The Scottish Ministers may by order—

• (a) modify any enactment for the purposes of preventing a body established by enactment from failing the charity test by reason of either or both of paragraphs (a) and (b) of section 7(4),

• (b) make such other incidental, supplemental, consequential, transitional, transitory or saving provision as they consider necessary or expedient for the purposes or in consequence of this Act or any provision made under it.

Orders, regulations and rules

103

• (1) Any power of the Scottish Ministers under this Act to make orders, regulations or rules is exercisable by statutory instrument.

• (2) Any such power includes power to make—

• (a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

• (b) different provision for different purposes.

• (3) An order under section 102 may modify any enactment, instrument or document (including this Act).

• (4) A statutory instrument containing an order, regulations or rules under this Act except—

• (a) an order, regulations or rules specified in subsection (5),

• (b) an order under section 107(2),

is subject to annulment in pursuance of a resolution of the Scottish Parliament.

• (5) No—

• (za) regulations under section 5(5),

• (a) order under section 7(5),

• (b) order under section 19(8),

• (ba) regulations under section 30A(6),

• (bb) regulations under section 42(10),

• (c) regulations under section 64(1)—

• (i) made by virtue of paragraph (d) of that section, or

• (ii) containing provisions which add to, replace or omit any part of the text of an Act,

• (ca) regulations under section 69(7)

• (cb) regulations under section 69A(4)

• (d) regulations under section 83(1) containing provisions of the type described in section 83(2)(h), or

• (e) order under section 102 containing provisions which add to, replace or omit any part of the text of an Act,

may be made unless a draft of the statutory instrument containing the regulations or, as the case may be, order has been laid before, and approved by resolution of, the Parliament.

Minor and consequential amendments and repeals

104

Schedule 4 sets out minor amendments and amendments and repeals consequential on the provisions of this Act.

Meaning of “control” etc.

105

• (1) A charity which is able (whether directly or through one or more nominees) to secure that the affairs of a body are conducted in accordance with the charity's wishes is, for the purposes of sections 28 to 35, to be treated as being in control of that body.

• (2) For the purposes of sections 46(5) and 68(2)—

• (a) a person who is able to secure that the affairs of an institution are conducted in accordance with the person's wishes is to be treated as being in control of the institution,

• (b) a person who—

• (i) is interested in shares comprised in the equity share capital of a body corporate of a nominal value of more than one-fifth of that share capital, or

• (ii) is entitled (whether directly or through one or more nominees) to exercise, or control the exercise of, more than one-fifth of the voting power at any general meeting of a body corporate,

is to be treated as having a substantial interest in the body corporate.

• (3) The rules set out in Schedule 1 to the Companies Act 2006 apply for the purposes of subsection (2) as they apply for the purposes of section 254 (directors connected with body corporate) of that Act (and “equity share capital” and “share” have the same meanings in subsection (2) as they have in that Act).

General interpretation

106

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,

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

• “constitution”—in relation to a charity or other body which is a company, means its articles of association,in relation to a charity or other body which is a body of trustees, means the trust deed,in relation to a SCIO, has the meaning given in section 50,in relation to a charity or other body established by enactment, means the enactment which establishes it and states its purposes,in relation to charity or other body established by a Royal charter or warrant, means the Royal charter or warrant, andin the case of any other charity or body, means the instrument which establishes it and states its purposes, but 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),

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

• “independent report on accounts” has the meaning given in section 44(1)(ca),

• “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,

• ...

• “the Register” means the Scottish Charity Register,

• “relevant financial institution” means—a person who has permission under Part 4A of the Financial Services and Markets Act 2000 (c. 8) to accept deposits,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,

• “restricted 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,

• “working 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.

Short title and commencement

107

• (1) This Act may be cited as the Charities and Trustee Investment (Scotland) Act 2005.

• (2) This Act (except sections 102 and 103 and this section) comes into force on such day as the Scottish Ministers may by order appoint.

SCHEDULE 1

Membership

1

• (1) The Scottish Charity Regulator (in this schedule referred to as “the Regulator”) is to consist of such number of members (but not fewer than 4) as the Scottish Ministers think fit.

• (2) It is for the Scottish Ministers to appoint those members from amongst those persons appearing to them to have knowledge and skills relevant to the functions of OSCR.

• (3) An individual is disqualified from appointment as, and from being, a member of the Regulator if the individual is—

• (a) a member of the Scottish Parliament,

• (b) a member of the House of Commons,

• (c) a member of the European Parliament,

• (d) an office-holder in the Scottish Administration,

• (e) an individual of such other description as may be prescribed by order by the Scottish Ministers.

Tenure and removal from office

2

• (1) Each member of the Regulator—

• (a) is to be appointed for such period as is specified in the appointment,

• (b) may, by notice to the Scottish Ministers, resign as a member,

• (c) in other respects, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,

• (d) after ceasing to hold office, may be reappointed as a member.

• (2) The Scottish Ministers may remove a member from office if satisfied—

• (a) that the member's estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract,

• (b) that the member—

• (i) has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or

• (ii) is unable to discharge the member's functions as a member or is unsuitable to continue as a member, or

• (c) that it is necessary or expedient to do so in connection with the management of the affairs of the Regulator.

Chairing

3

• (1) The Scottish Ministers must appoint—

• (a) one of the members of the Regulator to chair the Regulator, and

• (b) another of those members to act as deputy to that member.

• (2) A member appointed to chair the Regulator or to act as deputy to that member holds and vacates office as such in accordance with the terms of the appointment to that office.

• (3) A member so appointed may, by notice to the Scottish Ministers, resign from office as such.

• (4) A member so appointed vacates office as such on ceasing to be a member of the Regulator.

• (5) Where a member—

• (a) is appointed to chair the Regulator or to act as deputy to that member, or

• (b) ceases to hold office as such,

the Scottish Ministers may vary the terms of the member's appointment as a member of the Regulator so as to alter the date on which office as a member is to be vacated.

Chief executive and other staff

4

• (1) The Regulator —

• (a) must appoint a chief executive, and

• (b) may appoint such other employees as it considers appropriate.

• (2) The terms and conditions of the chief executive and any other employees, and the number of any other employees, require the approval of the Scottish Ministers.

Proceedings

5

The quorum of the Regulator and the arrangements for its meetings are for the Regulator to determine.

Delegation of powers

6

• (1) Anything authorised or required under any enactment to be done by the Regulator, whether or not as the holder of the Office of the Scottish Charity Regulator, may be done by any member or employee of the Regulator who is authorised (whether generally or specifically) for the purpose by it.

• (2) Nothing in sub-paragraph (1) prevents the Regulator from doing anything that any of its members or employees has been authorised or required to do.

Validity of proceedings and acts

7

The validity of any proceedings or acts of the Regulator is not affected by any—

• (a) vacancy in its membership, or

• (b) defect in the appointment of a member.

SCHEDULE 2

Panel members

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Tenure and removal from office

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Staff, property and services

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Rules of procedure

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 3

Judicial Factors Act 1849 (c. 51)

1

In section 5 (judicial factor's duty to lodge in bank money held by factor etc.) of the Judicial Factors Act 1849, subsection (4) is repealed.

Trusts (Scotland) Act 1921 (c. 58)

2

In the Trusts (Scotland) Act 1921, sections 12 and 14 are repealed.

Trusts (Scotland) Act 1961 (c. 57)

3

In section 2(1) (validity of certain transactions by trustees etc.) of the Trusts (Scotland) Act 1961—

• (a) for “(ee)” substitute “ (eb) ”,

• (b) in the proviso, after “transaction” where it first occurs insert “ (other than a transaction such as is specified in paragraph (ea) of that subsection) ”.

Trustee Investments Act 1961 (c. 62)

4

• (1) The Trustee Investments Act 1961 is amended as follows.

• (2) Sections 1, 2, 5, 6, 12, 13 and 15 are repealed except in so far as they are applied by or under any other enactment.

• (3) Section 3 and Schedules 2 and 3 are repealed, except in so far as they relate to a trustee having a power of investment conferred under an enactment—

• (a) which was passed before the passing of the Trustee Investments Act 1961, and

• (b) which is not amended by this schedule.

• (4) Section 8 and paragraph 1(2) of Schedule 4 are repealed.

National Health Service (Scotland) Act 1978 (c. 29)

5

In Schedule 7 (the Research Trust) to the National Health Service (Scotland) Act 1978, paragraph 4 is repealed.

Education (Scotland) Act 1980 (c. 44)

6

In section 105 (schemes for reorganisation of educational endowments) of the Education (Scotland) Act 1980, subsection (4D) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

7

Section 54 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

8

In Schedule 8 (amendments of enactments) to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, in paragraph 21, sub-paragraph (1)(b) and the preceding “and” are repealed.

Charities Act 1993 (c. 10)

9

In the Charities Act 1993, the following provisions are repealed—

• sections 70 and 71,

• in section 86(2), the word “70” in paragraph (a), and paragraph (b),

• section 100(5).

SCHEDULE 4

Part 1 — Acts

Recreational Charities Act 1958 (c. 17)

1

In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.

Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)

2

• (1) In section 4 (reduction and remission of rates payable by charitable and other organisations) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, for paragraph (a) of subsection (10) substitute—

(a) “charity” means a body entered in the Scottish Charity Register,

.

• (2) Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.

Sex Discrimination Act 1975 (c. 65)

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Education (Scotland) Act 1980 (c. 44)

4

In section 122(1) of the Education (Scotland) Act 1980, for the definition of “charitable purposes” substitute—

“charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);

.

Civic Government (Scotland) Act 1982 (c. 45)

5

In the Civic Government (Scotland) Act 1982—

• (a) in section 24(3), for paragraph (c) substitute—

(c) the business of a charity (that is to say, a body which is entered in the Scottish Charity Register);

,

• (b) in section 39(3)(f), for the words from “charitable” to the end of that paragraph substitute “ benevolent collection (within the meaning of section 84 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)). ”,

• (c) section 119 (regulation of charitable collections) is repealed.

Companies Act 1985 (c. 6)

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

7

In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990—

• (a) in section 1—

• (i) subsections (4) to (6), and

• (ii) the words which follow paragraph (b) in subsection (7),

are repealed,

• (b) sections 2 to 8, 12 to 14 and 15(1) to (8) are repealed,

• (c) in section 9(1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,

• (d) in section 10—

• (i) in subsection (1)(d)(ii), for “become a recognised body” substitute “ be entered in the Scottish Charity Register ”,

• (ii) subsections (6), (9)(b) and (11)(b) are repealed,

• (e) in section 15(9)—

• (i) after “affect” insert

— (a)

,

• (ii) at the end insert

; or (b) any body entered in the Scottish Charity Register.

Charities Act 1992 (c. 41)

8

In Schedule 6 to the Charities Act 1992, paragraph 10 is repealed.

Further and Higher Education (Scotland) Act 1992 (c. 37)

9

In section 19(3) of the Further and Higher Education (Scotland) Act 1992, for “within the meaning of the Income Tax Acts” substitute “ (within the meaning of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

Tribunals and Inquiries Act 1992 (c. 53)

10

In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 47 insert—

(47A) Any Scottish Charity Appeals Panel constituted in accordance with section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).

Local Government etc. (Scotland) Act 1994 (c. 39)

11

In Schedule 13 to the Local Government etc. (Scotland) Act 1994, paragraph 129(16) is repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

12

In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, before the entry relating to “Scottish Children's Reporter Administration” insert— “ The Scottish Charity Regulator ”.

Land Reform (Scotland) Act 2003 (asp 2)

13

In the Land Reform (Scotland) Act 2003—

• (a) in section 34(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”,

• (b) in section 71(8), for the words from “which” to the end of that subsection substitute “ entered in the Scottish Charity Register ”.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

14

In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, before the entry relating to the “Scottish Children's Reporter Administration” insert— “ Scottish Charity Regulator ”.

Protection of Children (Scotland) Act 2003 (asp 5)

15

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part 2 — Subordinate legislation

Arable Area Payments Regulations 1996 (S.I. 1996/3142)

16

In regulation 9(3)(h) of the Arable Area Payments Regulations 1996, for the words from “a”, where it second occurs, to the end of the paragraph substitute “ , in relation to Scotland, a body entered in the Scottish Charity Register ”.

Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002 (S.S.I 2002/167)

17

In regulation 2(1) of the Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002, in paragraph (i) of the definition of “net annual income”, for the words from “Scottish” to “1990” substitute “ body entered in the Scottish Charity Register ”.

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115)

18

In the National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—

• (a) regulation 5(2)(k)(i), and

• (b) paragraph 101(2)(m)(i) of schedule 5,

substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004 (S.S.I. 2004/116)

19

In the National Health Service (Primary Medical Services Section 17C Agreements) (Scotland) Regulations 2004, for “section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990”, where those words occur in—

• (a) regulation 3(2)(k)(i),

• (b) paragraph 66(3)(l)(i) of schedule 1,

substitute “ section 34 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10) ”.

Annual reports

Reorganisations of restricted funds: applications by OSCR

Restricted funds reorganisations: supplementary

Extension of general powers of trustees

Power of charity to participate in certain financial schemes

Population of Register etc.

General interpretation

Notice of decisions

Notice of decisions

Short title and commencement

Trustee Investments Act 1961 (c. 62)

Trustee Investments Act 1961 (c. 62)

Recreational Charities Act 1958 (c. 17)

Companies Act 1985 (c. 6)

Land Reform (Scotland) Act 2003 (asp 2)

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

Charities Act 1992 (c. 41)

National Health Service (General Medical Services Contracts) (Scotland) Regulations 2004 (S.S.I. 2004/115)

Water and Sewerage Charges (Exemption) (Scotland) Regulations 2002 (S.S.I 2002/167)

Editorial notes

[^key-3eecb64d020d5c7d840e02dd44a88d23]: S. 3 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-81838c002ddf71423cd1b0d6f028134b]: S. 6 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-a6fa798dc380364ad02c5d8291496524]: S. 7 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-2a67cc622b54ee9cdf419092cab94020]: S. 15 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-8658d51daff2fd7d2059125b3c39b990]: S. 19 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-b0d6fdb8d70a474b923af0422b9766d7]: S. 23 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-1f45ef0b698de94f9c163738f1f1ecb8]: S. 25 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-567f736d34ee4996ee80b195c5643e10]: S. 35 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-c439bdebb70aa8233e4847516d6c97ca]: S. 39 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-bd40b3072fd26fb9ed6bd449ce581f33]: S. 44 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-a8a5382f66d24a8dcc21b7fc46a8dec0]: S. 48 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-684b64e15207926530802a16c552d23a]: S. 79 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-debcffe1911904bfeeff06fa3b581bd5]: S. 83 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-414164eaf77ae25f28c210324dc8342c]: S. 86 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-cf0937e19804a288b720c8bb0d67df88]: S. 90 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-14cf0969b0d8a7398db1091a5b01d850]: S. 91 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-c8ce485fa3bafdaa8f2913cdd67eb664]: S. 93 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-13b1e245476d1ac4693ce9ba352d9309]: S. 94 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-d6520756cccf8f19f6361f0a39fba14d]: S. 95 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-b27a370f249b1c4c8e4bd796d2152fb5]: S. 97 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-adb14d76c6870eb6a10c0a07368f2f40]: S. 106 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-64d35b3c6a4e2a551e6562e37077630f]: Sch. 1 para. 1 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-c2fb33a9c9f3090ecdd8e81366deb4f6]: Sch. 1 para. 2 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-b3fc149ec7c18a2887a3688ed252251f]: Sch. 1 para. 3 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-8b0387204d3d1bf04af241930e252908]: Sch. 1 para. 4 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-3556727a7c4992fc0141dd024ba75693]: Sch. 1 para. 5 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-5e0dc03065803200c6fca47e447bb9c9]: Sch. 1 para. 6 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-1d0df722ec519b8f404f71e55b78c465]: Sch. 1 para. 7 in force at 1.1.2006 for specified purposes by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-722b9ab51442fa1959cfb4c1850b358a]: Sch. 3 para. 1 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-f1430cd1cd361d14c7b58f1f11152f32]: Sch. 3 para. 2 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-79e05ce73de26e54012106d0a39542cf]: Sch. 3 para. 3 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-da97575db08aaaac0b8e9fcbb22a0667]: Sch. 3 para. 4 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-9da7e0a753420c037602f0bfaf8af322]: Sch. 3 para. 5 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-5e4c961101c3a9c44817e1753f86ef54]: Sch. 3 para. 6 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-e5bf72771472a4a2849022e108d7ef37]: Sch. 3 para. 7 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-51848d9393cb6ec2b74f6466f7a0829c]: Sch. 3 para. 8 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-d31b00ed5f0f5fb7268da6e0b73c0505]: Sch. 3 para. 9 in force at 1.1.2006 by S.S.I. 2005/644, art. 2(1), Sch. 1

[^key-01e72db7be0f803c8a485f725afe8248]: S. 1(1)-(4) s. 1(6)-(10) in force at 24.2.2006 by S.S.I. 2006/74, art. 2(a)

[^key-886baa825afa0d2c704d2edd1968e893]: S. 9 in force at 24.2.2006 by S.S.I. 2006/74, art. 2(b)

[^key-8e2ccd8d861d270eec25a3231a5294f4]: S. 99(3)(4) in force at 24.2.2006 by S.S.I. 2006/74, art. 2(d)

[^key-f23c9a0d54f639a1b92802b7984d0383]: Sch. 1 para. 1 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-9045a37ea11498b4f3a7be480796f572]: Sch. 1 para. 2 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-a4c32eeb3728afb5eba0d52167c975d4]: Sch. 1 para. 3 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-bb8a667e64a7acba16fcb4bd8cf5fce8]: Sch. 1 para. 4 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-0f6e6b31174c030d7f9add1ac3b7486d]: Sch. 1 para. 5 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-bdb84d7e053de3eb987c0ce21931aea9]: Sch. 1 para. 6 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-9381ca73467d2000d46e51234a025c6e]: Sch. 1 para. 7 in force at 24.2.2006 in so far as not already in force by S.S.I. 2006/74, art. 2(e)

[^key-c15362f372f9d5698009c9b9c210ab5f]: S. 3(3) disapplied (temp. until 23.8.2007) (1.4.2006) by The Scottish Charity Register (Transitional) Order 2006 (S.S.I. 2006/188), arts. 1(1), 2

[^key-a799c6034b506e0726bc4238bdbad297]: Sch. 4 para. 5(a) in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-30bc0e702ac0b42b44962dd11d354ed7]: S. 44 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-d734cc41cc55a81b5a7eeb73773d59b6]: S. 34 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

[^key-79808891517d5e16221d139899d20a2d]: S. 105 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-2bc2f28cf8b718cda01631039a99eb80]: S. 43 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-02f37cf11ed4eee0c6fb36e72a5c8f2d]: S. 98 in force at 1.4.2006 by S.S.I. 2005/644, art. 2(2)

[^key-3ea5dc5ff03dc9dcc3d642ca612e1a96]: S. 3 in force at 1.4.2006 in so far as not already in force by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-38300da533f6de3ffe218b81baed1f3f]: S. 16 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

[^key-9948cc74aa0846cdba0ae8b38792c5b2]: S. 28 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

[^key-fd7501554e47e9f703ff501e469783a8]: S. 31 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

[^key-e901dfedf19b66d701e90cc5dc5d4b4c]: S. 36 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-b69863862f968b0ea1b1659ceddff5d4]: S. 69 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(2)-(4))

[^key-b0d7e6fc6a7bdea53c0aad09f1b01879]: S. 46 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-8a70fe8876871b95293efe398a06808d]: S. 38 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-34831cfd062cd137dc8db10d2b1de91a]: S. 67 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-c8c5641bfb3ff4a1bc2ddc8e4b4cc63a]: S. 71 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-86c11bf4e0ef9d0c46bb58625d88832d]: S. 73 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-daf764e0e9a4afc753926af5487a8adb]: S. 104 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-bdaefe5855078e46350af10c0a37c64e]: Sch. 4 para. 3 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-8bf991ae4c5574d39868c4d9dee94db5]: Sch. 4 para. 1 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-494640087ca99683230b0da22c9fd5e7]: Sch. 4 para. 13 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-fb77645956f09dd8f06a7f5ca600ac2f]: Sch. 4 para. 6 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-031d04fd3156edce1f4ed699ae6908c9]: Sch. 4 para. 10 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-cddb7e83b38176859b0855aa14b4b418]: Sch. 4 para. 7 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1 (with art. 3(1)(3)(4))

[^key-2ccdc62b1c4756dbbb3f4203b981746d]: Sch. 4 para. 14 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-2cbcec8ff82ea0213e86b24a88763152]: Sch. 4 para. 4 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-54cb0637dd29253c695dbd9ca25dd274]: Sch. 4 para. 12 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-de86d3b46616f19d6b98c7d36c92b83c]: Sch. 4 para. 2 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-df3a14930fddd608edd7f8922dff5851]: Sch. 4 para. 17 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1

[^key-91f9c2e5b9f95664fdc7506ce9bb4c0e]: Sch. 4 para. 18 in force at 1.4.2006 by S.S.I. 2006/189, art. 2(1), Sch. Pt. 1