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SCHEDULE 3 Powers of trustees: consequential amendments

(introduced by section 95)

Judicial Factors Act 1849 (c. 51)

1 In section 5 (judicial factor’s duty to lodge in bank money held by factor etc.) of the Judicial Factors Act 1849, subsection (4) is repealed.

Trusts (Scotland) Act 1921 (c. 58)

2 In the Trusts (Scotland) Act 1921, sections 12 and 14 are repealed.

Trusts (Scotland) Act 1961 (c. 57)

3 In section 2(1) (validity of certain transactions by trustees etc.) of the Trusts (Scotland) Act 1961—

(a) for “(ee)” substitute “(eb)”,

(b) in the proviso, after “transaction” where it first occurs insert “(other than a transaction such as is specified in paragraph (ea) of that subsection)”.

Trustee Investments Act 1961 (c. 62)

4 (1) The Trustee Investments Act 1961 is amended as follows.

(2) Sections 1, 2, 5, 6, 12, 13 and 15 are repealed except in so far as they are applied by or under any other enactment.

(3) Section 3 and Schedules 2 and 3 are repealed, except in so far as they relate to a trustee having a power of investment conferred under an enactment—

(a) which was passed before the passing of the Trustee Investments Act 1961, and

(b) which is not amended by this schedule.

(4) Section 8 and paragraph 1(2) of Schedule 4 are repealed.

National Health Service (Scotland) Act 1978 (c. 29)

5 In Schedule 7 (the Research Trust) to the National Health Service (Scotland) Act 1978, paragraph 4 is repealed.

Education (Scotland) Act 1980 (c. 44)

6 In section 105 (schemes for reorganisation of educational endowments) of the Education (Scotland) Act 1980, subsection (4D) is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 (c. 73)

7 Section 54 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1985 is repealed.

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

8 In Schedule 8 (amendments of enactments) to the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, in paragraph 21, sub-paragraph (1)(b) and the preceding “and” are repealed.

Charities Act 1993 (c. 10)

9 In the Charities Act 1993, the following provisions are repealed—

• sections 70 and 71,

• in section 86(2), the word “70” in paragraph (a), and paragraph (b),

• section 100(5).

SCHEDULE 4 Minor and consequential amendments and repeals

(introduced by section 104)

Part 1 Acts

Recreational Charities Act 1958 (c. 17)

1 In section 6(2) of the Recreational Charities Act 1958, the words from “or”, where second occurring, to “1962” are repealed.

Local Government (Financial Provisions etc.) (Scotland) Act 1962 (c. 9)

2 (1) In section 4 (reduction and remission of rates payable by charitable and other organisations) of the Local Government (Financial Provisions etc.) (Scotland) Act 1962, for paragraph (a) of subsection (10) substitute—

“(a) “charity” means a body entered in the Scottish Charity Register,”.

(2) Paragraph 5 of Schedule 2 to that Act of 1962 is repealed.

Sex Discrimination Act 1975 (c. 65)

3 (1) In section 79(1) of the Sex Discrimination Act 1975—

(a) for “Part VI” substitute “section 104”,

(b) in paragraph (a), for “that Part” substitute “Part VI”,

(c) after paragraph (a), insert—

“(aa) in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)”,

(d) in paragraph (b)—

(i) for “that Act” substitute “the Education (Scotland) Act 1980”,

(ii) after “endowment”, where second occurring, insert “(or which would, but for the disapplication of that section by section 122(4) of that Act, be so dealt with)”.

(2) At the end of section 79(5) of that Act insert “or, in the case of an endowment the governing body of which is entered in the Scottish Charity Register, a scheme approved for that endowment under section 39 or 40 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)”.

Education (Scotland) Act 1980 (c. 44)

4 In section 122(1) of the Education (Scotland) Act 1980, for the definition of “charitable purposes” substitute—

““charitable purposes” has the same meaning as in the Charities and Trustee Investment (Scotland) Act 2005 (asp 10);”.

Civic Government (Scotland) Act 1982 (c. 45)

5 In the Civic Government (Scotland) Act 1982—

(a) in section 24(3), for paragraph (c) substitute—

“(c) the business of a charity (that is to say, a body which is entered in the Scottish Charity Register);”,

(b) in section 39(3)(f), for the words from “charitable” to the end of that paragraph substitute “benevolent collection (within the meaning of section 84 of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)).”,

(c) section 119 (regulation of charitable collections) is repealed.

Companies Act 1985 (c. 6)

6 In section 380 of the Companies Act 1985, after subsection (4) insert—

“(4ZA) This section does not, despite paragraphs (a) to (c) of subsection (4), apply to any resolution of a company which is—

(a) registered as a company in Scotland, and

(b) entered in the Scottish Charity Register,

where that resolution is of either of the types mentioned in section 56(5) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).”

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 (c. 40)

7 In the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990—

(a) in section 1—

(i) subsections (4) to (6), and

(ii) the words which follow paragraph (b) in subsection (7),

are repealed,

(b) sections 2 to 8, 12 to 14 and 15(1) to (8) are repealed,

(c) in section 9(1)(d)(ii), for “become a recognised body” substitute “be entered in the Scottish Charity Register”,

(d) in section 10—

(i) in subsection (1)(d)(ii), for “become a recognised body” substitute “be entered in the Scottish Charity Register”,

(ii) subsections (6), (9)(b) and (11)(b) are repealed,

(e) in section 15(9)—

(i) after “affect” insert “—

(a)”,

(ii) at the end insert “; or

(b) any body entered in the Scottish Charity Register.”

Charities Act 1992 (c. 41)

8 In Schedule 6 to the Charities Act 1992, paragraph 10 is repealed.

Further and Higher Education (Scotland) Act 1992 (c. 37)

9 In section 19(3) of the Further and Higher Education (Scotland) Act 1992, for “within the meaning of the Income Tax Acts” substitute “(within the meaning of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10)”.

Tribunals and Inquiries Act 1992 (c. 53)

10 In Part 2 of Schedule 1 to the Tribunals and Inquiries Act 1992, after paragraph 47 insert—

“Charities

47A Any Scottish Charity Appeals Panel constituted in accordance with section 75(1) of the Charities and Trustee Investment (Scotland) Act 2005 (asp 10).”

Local Government etc. (Scotland) Act 1994 (c. 39)

11 In Schedule 13 to the Local Government etc. (Scotland) Act 1994, paragraph 129(16) is repealed.

Ethical Standards in Public Life etc. (Scotland) Act 2000 (asp 7)

12 In schedule 3 to the Ethical Standards in Public Life etc. (Scotland) Act 2000, before the entry relating to “Scottish Children’s Reporter Administration” insert—

“The Scottish Charity Regulator”.

Land Reform (Scotland) Act 2003 (asp 2)

13 In the Land Reform (Scotland) Act 2003—

(a) in section 34(8), for the words from “which” to the end of that subsection substitute “entered in the Scottish Charity Register”,

(b) in section 71(8), for the words from “which” to the end of that subsection substitute “entered in the Scottish Charity Register”.

Public Appointments and Public Bodies etc. (Scotland) Act 2003 (asp 4)

14 In schedule 2 to the Public Appointments and Public Bodies etc. (Scotland) Act 2003, before the entry relating to the “Scottish Children’s Reporter Administration” insert—

“Scottish Charity Regulator”.

Protection of Children (Scotland) Act 2003 (asp 5)

15 In paragraph 12 of schedule 2 to the Protection of Children (Scotland) Act 2003, for the definition of “charity” substitute—

““charity” means a body entered in the Scottish Charity Register;”.