The Protection of Charities Assets (Exemption) (Scotland) Order 2006 No. 220

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Statutory Instruments of the Scottish Parliament

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SCOTTISH STATUTORY INSTRUMENTS

2006 No. 220
CHARITIES
The Protection of Charities Assets (Exemption) (Scotland) Order 2006

	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[1] 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—

MALCOLM CHISHOLM
A member of the Scottish Executive

St Andrew's House, Edinburgh
21st April 2006

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

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.

Notes:

[1] 2005 asp 10.back

ISBN 0 11 070374 X

Prepared 2 May 2006

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	Statutory Instruments of the Scottish Parliament
You are here: BAILII >> Databases >> Statutory Instruments of the Scottish Parliament >> The Protection of Charities Assets (Exemption) (Scotland) Order 2006 No. 220 URL: http://www.bailii.org/scot/legis/num_reg/2006/20060220.html