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This is the original version (as it was originally enacted).

57Determination of application for conversion
This section has no associated Explanatory Notes

(1)Before determining an application for conversion, OSCR must consult—

(a)the appropriate registrar, and

(b)such other persons as it thinks fit,

about whether the application should be granted.

(2)OSCR may grant an application for conversion only if it considers that the charity, if converted into a SCIO as proposed, would continue to meet the charity test.

(3)OSCR must refuse an application for conversion if—

(a)it considers that the SCIO’s proposed name falls within section 10,

(b)the SCIO’s proposed constitution does not comply with one or more of the requirements of section 50 and any regulations made under that section, or

(c)the application must, by virtue of regulations under section 6(1), be refused.

(4)If OSCR considers that a charity, if converted into a SCIO as proposed in an application for conversion, would continue to meet the charity test, OSCR may refuse the application on grounds other than those set out in subsection (3) only if it is satisfied by any representations received from those whom it consulted under subsection (1) that such a refusal would be appropriate.

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