The Protection of Charities Assets (Exemption) (Scotland) Order 2006

Type Scottish-Statutory-Instrument
Publication 2006-04-21
State In force
Jurisdiction Scotland
Department Queen's Printer for Scotland
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Made: 21st April 2006

Coming into force: 24th April 2006

The Scottish Ministers, in exercise of the powers conferred by sections 19(8) and (9) of the Charities and Trustee Investment (Scotland) Act 2005[^f00001] and of all other powers enabling them in that behalf, hereby make the following Order, a draft of which has, in accordance with section 103(5) of that Act, been laid before and approved by resolution of the Scottish Parliament:

Citation and commencement

1

This Order may be cited as the Protection of Charities Assets (Exemption) (Scotland) Order 2006 and shall come into force on the 24th April 2006.

Protection of Assets

2

Subsections (1) to (7) of section 19 of the Charities and Trustee Investment (Scotland) Act 2005 are disapplied in relation to the property owned by—

SCHEDULE — SPECIFIED BODIES

Part 1 – Non-departmental Public Bodies

Part 2 – Further Education Colleges

Part 3 – Higher Education Institutions

Higher Education Institution Governing Body
Bell College of Technology Board of Governors
Edinburgh College of Art Board of Governors
Glasgow Caledonian University University Court
Glasgow School of Art The Governors
Heriot-Watt University University Court
Napier University University Court
The Open University (so far as carrying on activities in or as regards Scotland) The Council
Queen Margaret University College Governing Body
The Robert Gordon University The Governors
Royal Scottish Academy of Music and Drama Board of Governors
UHI Millennium Institute Board of Governors
University of Aberdeen University Court
University of Abertay, Dundee University Court
University of Dundee University Court
University of Edinburgh University Court
University of Glasgow University Court
University of Paisley University Court
University of St. Andrews University Court
University of Stirling University Court
University of Strathclyde University Court

Signed

MALCOLM CHISHOLM — A member of the Scottish Executive — 21st April 2006

Explanatory note

(This note is not part of the Order)

By this Order, Scottish Ministers have disapplied section 19(1) to (7) of the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) in relation to the property and income owned by the bodies listed in the Schedule to the Order.

Section 19(1) of the 2005 Act provides that when a body is removed from the Scottish Charity Register (established by section 3 of the 2005 Act), it remains under a duty to apply property and income held by it before it was removed, in accordance with its purposes as set out on the register. Section 19(2) to (7) of the 2005 Act protects such assets and ensures that the Scottish Charity Regulator (established by section 1 of the 2005 Act), can continue to oversee the use of the property and income even though the body holding that property and income is no longer a charity, by ensuring that several provisions of the 2005 Act continue to apply to the body in so far as they relate to property and income.

Footnotes

[^f00001]: 2005 asp 10.

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