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Charities and Trustee Investment (Scotland) Act 2005

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This is the original version (as it was originally enacted).

32Suspensions and directions: procedure
This section has no associated Explanatory Notes

(1)A suspension under subsection (4) and a direction under any of subsections (5) to (9) of section 31—

(a)has effect for such period of not more than 6 months as is specified in the suspension or direction,

(b)may be revoked at any time,

(c)may be varied, but not so as to have effect for a period of more than 6 months from the date on which the suspension or direction first has effect.

(2)Where such a suspension has been made or direction has been given, a further suspension or direction may be made or given under section 31 but the further suspension or direction ceases to have effect on the same date as the original suspension or direction (unless stated to cease to have effect earlier).

(3)A copy of the notice given under section 72 in respect of a—

(a)suspension under subsection (4) of section 31, or

(b)direction under subsection (5)(b) or (d) or (8) of that section,

must be given to the charity or body in question.

(4)A copy of the notice given under section 72 in respect of a direction under subsection (7) or (9) of that section must be given to the person directed.

(5)A person who, without reasonable excuse—

(a)contravenes a suspension under subsection (4) of section 31, or

(b)refuses or fails to comply with a direction under any of subsections (5) to (9) of that section,

is guilty of an offence and liable on summary conviction to a fine not exceeding level 5 on the standard scale or imprisonment for a period not exceeding 6 months, or to both.

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