Search Legislation

The Protection of Charities Assets (Exemption) (Scotland) Order 2006

 Help about what version

What Version

  • Latest available (Revised)
  • Original (As made)

Status:

This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

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—

(a)the bodies specified in Part 1 (Non-departmental Public Bodies) and Part 2 (Further Education Colleges) of the Schedule to this Order; and

(b)the Higher Education Institutions specified in the first column in Part 3 of the Schedule to this Order and the corresponding governing bodies specified in the second column in Part 3 of that Schedule.

MALCOLM CHISHOLM

A member of the Scottish Executive

St Andrew’s House,

Edinburgh

21st April 2006

Article 2

SCHEDULESPECIFIED BODIES

Part 1 – Non-departmental Public Bodies

  • The Board of Trustees of the National Galleries of Scotland

  • The Board of Trustees of the National Museums of Scotland

  • The Board of Trustees of the Royal Botanic Garden Edinburgh

  • The General Teaching Council for Scotland

  • Learning and Teaching Scotland

  • Royal Commission on the Ancient and Historical Monuments of Scotland

  • National Theatre of Scotland

  • Scottish Arts Council

  • Scottish Natural Heritage

  • Scottish Qualifications Authority

  • Scottish Screen

  • Scottish Sports Council

  • The Trustees of the National Library of Scotland

Part 2 – Further Education Colleges

  • The Board of Management of Aberdeen College of Further Education

  • The Board of Management of Adam Smith College, Fife

  • The Board of Management of Angus College of Further Education

  • The Board of Management of Anniesland College

  • The Board of Management of Ayr College

  • The Board of Management of Banff and Buchan College of Further Education

  • The Board of Management of the Barony College

  • The Board of Management of Borders College

  • The Board of Management of Cardonald College

  • The Board of Management of Central College of Commerce

  • The Board of Management of Clydebank College

  • The Board of Management of Coatbridge College

  • The Board of Management of Cumbernauld College

  • The Board of Management of Dumfries and Galloway College

  • The Board of Management of Dundee College

  • The Board of Management of Edinburgh’s Telford College

  • The Board of Management of Elmwood College

  • The Board of Management of Forth Valley College of Further and Higher Education

  • The Board of Management of Glasgow College of Nautical Science

  • The Board of Management of Glasgow Metropolitan College

  • The Board of Management of Inverness College

  • The Board of Management of James Watt College of Further and Higher Education

  • The Board of Management of Jewel and Esk Valley College

  • The Board of Management of John Wheatley College

  • The Board of Management of Kilmarnock College

  • The Board of Management of Langside College

  • The Board of Management of Lauder College

  • The Board of Management of Lews Castle College

  • The Board of Management of Moray College

  • The Board of Management of Motherwell College

  • The Board of Management of Newbattle Abbey College

  • The Board of Management of North Glasgow College

  • The Board of Management of the North Highland College

  • The Board of Management of Oatridge Agricultural College

  • The Board of Management of Orkney College

  • The Board of Management of Perth College

  • The Board of Management of Reid Kerr College

  • The Board of Management of Sabhal Mòr Ostaig

  • The Board of Management of Shetland College

  • The Board of Management of South Lanarkshire College

  • The Board of Management of Stevenson College Edinburgh

  • The Board of Management of Stow College

  • The Board of Management of West Lothian College

Part 3 – Higher Education Institutions

Higher Education InstitutionGoverning Body
Bell College of TechnologyBoard of Governors
Edinburgh College of ArtBoard of Governors
Glasgow Caledonian UniversityUniversity Court
Glasgow School of ArtThe Governors
Heriot-Watt UniversityUniversity Court
Napier UniversityUniversity Court
The Open University (so far as carrying on activities in or as regards Scotland)The Council
Queen Margaret University CollegeGoverning Body
The Robert Gordon UniversityThe Governors
Royal Scottish Academy of Music and DramaBoard of Governors
UHI Millennium InstituteBoard of Governors
University of AberdeenUniversity Court
University of Abertay, DundeeUniversity Court
University of DundeeUniversity Court
University of EdinburghUniversity Court
University of GlasgowUniversity Court
University of PaisleyUniversity Court
University of St. AndrewsUniversity Court
University of StirlingUniversity Court
University of StrathclydeUniversity 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.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Executive Note

Executive Note sets out a brief statement of the purpose of a Scottish Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Scottish Statutory Instrument accessible to readers who are not legally qualified and accompany any Scottish Statutory Instrument or Draft Scottish Statutory Instrument laid before the Scottish Parliament from July 2005 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources