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Law Reform (Miscellaneous Provisions) (Scotland) Act 1990

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This is the original version (as it was originally enacted).

Miscellaneous

13Appointment of trustees

(1)Where a recognised body is a trust, notwithstanding anything to the contrary in the trust deed or other document constituting the trust, the trustees shall have power to appoint such number of additional trustees as will secure that, at any time, the number of trustees shall be not less than three.

(2)Where in the case of any trust which is a recognised body—

(a)the number of trustees is less than three; and

(b)it appears to the Lord Advocate that the trustees will not, or are unable to, exercise their power under subsection (1) above,

if it appears to the Lord Advocate expedient to do so, he may exercise the power in place of the trustees.

14Alteration of purposes and winding-up of charitable companies

(1)This section applies to a recognised body which may be wound up by the Court of Session under or by virtue of Parts IV or V of the [1986 c. 45.] Insolvency Act 1986.

(2)Where a body to which this section applies has power to alter the instruments establishing or regulating it, it shall not alter any charitable purposes in those instruments except in such a way as will enable the body to continue to be granted an exemption from tax by the Commissioners of Inland Revenue under section 505(1) of the [1988 c. 1.] Income and Corporation Taxes Act 1988 (exemption from tax of charities).

(3)Notwithstanding section 124 of the [1986 c. 45.] Insolvency Act 1986, a petition for the winding-up under section 122 of that Act of a body to which this section applies may be presented by the Lord Advocate to any court in Scotland having jurisdiction.

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