Charities and Trustee Investment (Scotland) Act 2005

Notice and effect of decisionsS

72Notice of decisionsS

(1)Any person who makes a decision to which this Chapter applies must, as soon as reasonably practicable after doing so, give notice of it to the person specified in subsection (2) and, where the decision is made by a person to whom OSCR's functions have been delegated by virtue of section 38, OSCR.

(2)That person is—

(a)in the case of a decision referred to in paragraph (a), (g), [F1(id),] (j), (k), [F2(l),] (n) or (p) of section 71, the [F3charity, body or] person in respect of whom the decision was made,

(b)in the case of a decision referred to in paragraph (e) of that section, the charity which requested OSCR to conduct a review under section 12, and

[F4(ba)in the case of a decision referred to in paragraph (h) of section 71, the charity, body or person with regard to which OSCR is making inquiries under section 28,]

[F5(bb)in the case of a decision referred to in paragraph (pb) of section 71, the charity trustees of the charity in respect of which the decision was made,]

(c)in the case of any other decision referred to in [F6section 71], the charity in respect of which the decision was made.

(3)A notice given under this section must—

(a)set out the decision,

(b)give the reasons for the decision, and

(c)where the notice is given to a person specified in subsection (2), advise the recipient of—

(i)the right to request OSCR to review the decision, and

(ii)the period within which such a request must be made.

[F7(4)For the purposes of subsection (2)(ba)—

(a)if OSCR is making inquiries into a body in relation to a period in which the body was a charity, the notice is to be given to the body as required by subsection (2)(ba), but

(b)if the charity or (as the case may be) body to which notice is to be given has ceased to exist, the notice must be given, to the extent that it is reasonably practicable to do so—

(i)in the case of a charity, to each person who was a charity trustee of the charity immediately before it ceased to exist,

(ii)in the case of a body, to each person who appears to the person giving the notice to have been concerned in the management or control of the body immediately before it ceased to exist.]

73Effect of decisionsS

(1)Unless subsection (2) or (3) provides otherwise, a decision to which this Chapter applies (and any direction, requirement, suspension or other act in pursuance of such a decision) has effect from the day on which the notice required by section 72 is given.

(2)A decision referred to in section 71(d), (i), [F8(ia),] [F9(ib), (ic),] [F10(id),] [F11(mb),] (o) [F12, (pb)] or (r) (and any direction, requirement, suspension or other act in pursuance of such a decision) is of no effect unless and until the notice required by section 72 is given and—

(a)the period within which OSCR must, on request, review the decision expires without a request being made, or

(b)where OSCR, on a request made within that period, confirms the decision (with or without variations)—

(i)the period within which that decision by OSCR may be appealed under section 76 to the [F13First-tier Tribunal] expires without an appeal being made, or

(ii)where such an appeal is made, it is abandoned or finally determined (by the [F14First-tier Tribunal] or, as the case may be, the [F15Upper Tribunal] ).

(3)A decision referred to in section 71(h) (and any corresponding requirement) is of no effect unless and until [F16any notice] required by section 72 is given and—

(a)the period within which OSCR must, on request, review the decision expires without a request being made, or

(b)where such a request is made, the date on which OSCR confirms the decision (with or without variations).