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F1Part 1SCharities

Textual Amendments

F1Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

Chapter 4SSupervision of charities etc.

InquiriesS

30Removal from Register of charity which no longer meets charity testS

(1)Where it appears to OSCR, as a result of inquiries under section 28, that a charity no longer meets the charity test it must—

(a)direct the charity to take, within such period as may be specified in the direction, such steps as OSCR considers necessary for the purposes of meeting the charity test, or

(b)remove the charity from the Register.

(2)Steps specified in a direction under subsection (1)(a) may include applying to OSCR for approval under section 39 of a reorganisation scheme in relation to the charity's constitution.

[F2(2A) The power of OSCR to give a direction under subsection (1)(a) includes the power to—

(a)vary the direction, but only by—

(i)extending the time period specified in the direction, or

(ii)removing steps which the charity is required to take, or

(b)revoke such a direction.]

(3)OSCR must, if a charity fails to comply with a direction under subsection (1)(a), remove the charity from the Register.

Textual Amendments

Commencement Information

I1S. 30 in force at 24.4.2006 by S.S.I. 2006/189, art. 2(2), Sch. Pt. 2