Back to the Scottish Parliament Business Bulletin No.60/2005: Tuesday 19 April 2005
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Section G – Bills

New amendments to Bills lodged on 18 April 2005

Charities and Trustee Investment (Scotland) Bill – Stage 2

Before section 95

Malcolm Chisholm

115 Before section 95, insert—

<Power of charity to participate in certain financial schemes

(1) Every charity has power to participate in common investment schemes and common deposit schemes.

(2) Subsection (1) does not apply where a charity’s constitution excludes such participation by referring specifically to common investment schemes or, as the case may be, common deposit schemes.

(3) In this section, "common investment scheme" and "common deposit scheme" have the meanings given to those expressions in sections 24 and 25 of the Charities Act 1993 (c.10).>

Section 97

Malcolm Chisholm

116 In section 97, page 56, line 29, leave out subsections (2) and (3) and insert—

<(2A) The Scottish Ministers may by order—

(a) disapply section 3(3) in so far as it would otherwise apply to any body entered in the Register under subsection (1) for such period ending no later than 18 months after the commencement of this section as may be specified in the order,

(b) provide—

(i) that any unregistered charitable body (or any such body of a particular type) may, despite any contrary provision in this Act, refer to itself as a "charity" for such period ending no later than 12 months after the commencement of this section as may be so specified, and

(ii) that any enactment is to apply (with such modifications, if any, as may be so specified) to any such body as if it were entered in the Register for so long as it refers to itself as a "charity".

(2B) In subsection (2A), "unregistered charitable body" means a body which—

(a) is established under the law of a country or territory other than Scotland,

(b) is entitled to refer to itself as a "charity" (by any means or in any language) in that country or territory, and

(c) does not require to be entered in the Register under subsection (1).>

Section 100

Malcolm Chisholm

117 In section 100, page 58, line 24, leave out <or consequential> and insert <, consequential, transitional, transitory or saving>

Section 104

Malcolm Chisholm

118 In section 104, page 60, line 33, leave out <97,>

Members’ Bills Proposals

A Member who has lodged a proposal has the right to introduce a Member’s Bill to give effect to that proposal under Rule 9.14.12 of the Standing Orders provided:

  • the proposal has attracted 18 supporters which include members of at least half of the political parties or groups represented on the Parliamentary Bureau; and

  • the Scottish Executive has not given an indication under Rule 9.14.13 that it or Her Majesty’s Government will initiate legislation to give effect to the proposal.

The Bills page of the Parliamentary website shows the current status in this regard.

Names marked with an (*) are new names of support.

Alex Neil MSP: Proposed Commissioner for Older People (Scotland) Bill—Proposal for a Bill to establish a Commissioner for Older People with duties to protect and further their rights and interests. (lodged 13 April 2005)

A copy of the consultation paper together with copies of each response and a summary of all responses (including the conclusions drawn from those responses) is available in SPICe.

A copy of a statement of reasons lodged on 7 December 2004 is available in the Scottish Parliament Information Centre (SPICe).

The Equal Opportunities Committee indicated on 11 January 2005 that it was satisfied with those reasons.

Supported by: Rosie Kane, Ms Sandra White, Ms Rosemary Byrne, Stewart Stevenson, Mr Bruce McFee, John Swinburne, Rob Gibson, Mr Stewart Maxwell, Mr Adam Ingram, Brian Adam, Mike Pringle, Frances Curran, Christine Grahame*, Robin Harper*