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STATUTORY INSTRUMENTS
1995 No. 2056 (S.151)
CHARITIES
The Charities (Dormant Accounts) (Scotland) Regulations 1995
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Laid before Parliament
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11th August 1995
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Coming
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1st September 1995
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The Secretary of State, in exercise of the powers conferred on him by section 12(10) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990[1], and of all other powers enabling him in that behalf, hereby makes the following Regulations:
Citation and commencement
1. These Regulations may be cited as the Charities (Dormant Accounts) (Scotland) Regulations 1995 and shall come into force on 1st September 1995.
Interpretation
2.—(1) In these Regulations—"the Act" means the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990;
"dormant body" shall be construed as in regulation 6(4);
"nominee" has the same meaning as in section 12(1) of the Act;
and any other expression used in these Regulations which is also used in section 12 of the Act shall have the same meaning in these Regulations as it has in that section.
(2) In these Regulations, unless otherwise expressly mentioned, any reference to— (a) a numbered section is to a section bearing that number in the Act; and
(b) to a numbered regulation is to a regulation bearing that number in these Regulations.
General procedure of the nominee
3. As soon as practicable after the nominee receives from a relevant institution the information specified in section 12(2), he shall— (a) consult the Commissioners of Inland Revenue for the purpose of satisfying himself, as required by that section, that the body to which the information relates is a recognised body;
(b) request the Commissioners of Inland Revenue, if the body is a recognised body, to supply the information referred to in section 1(1)(b); and
(c) request the relevant institution to supply the information mentioned in section 12(12), unless the relevant institution has already supplied it.
4. Where it appears to the nominee at any time that a person may be concerned in the management or control of a recognised body, he shall, if it seems to him to be reasonable to do so in all the circumstances, write to that person at his last known address, asking him to give any information which he has as to— (a) whether he is a person concerned in the management or control of the body;
(b) the name and address of any person whom he knows to be so concerned;
(c) the purposes of the body; and
(d) any matter relating to the body which, in his view, would make it inappropriate for the nominee to transfer the balance standing to the credit of that body to another recognised body in terms of section 12(3) or (4).
5. If the nominee becomes aware at any time of the name and address of a person who is concerned in the management or control of a body, he shall write disclosing such information to the relevant institution from whom he received the information in respect of that body specified in section 12(2).
Section 12(3) cases
6.—(1) Regulations 7 to 10 apply in any case to which paragraph (2) or (3) applies.
(2) This paragraph applies in any case where— (a) the aggregate amount standing to the credit of the body in such accounts as are mentioned in section 12(2) does not exceed £5,000;
(b) it appears to the nominee that no person may be concerned in the management or control of that body; and
(c) it appears to the nominee that there may be no circumstances relating to the body which would make it inappropriate for him to transfer the balance standing to the credit of that body in such accounts as are mentioned in section 12(2) to another recognised body in terms of section 12(3) or (4).
(3) This paragraph applies in any case where, by virtue of section 12(6), section 12(3) applies as regards the body and such accounts as are mentioned in section 12(2).
(4) Any body in respect of which paragraph (2) or (3) above applies is referred to in Regulations 7 to 10 as "the dormant body".
7. The nominee shall— (a) propose to transfer the balance standing to the credit of the dormant body in such accounts as are mentioned in section 12(2) to another recognised body in terms of section 12(3) or, as the case may be, section 12(4);
(b) give notice of his proposal to that other recognised body; and
(c) publish notice of his proposal by publishing, in a newspaper circulating throughout Scotland or, if the purposes of the dormant body, so far as known to the nominee, relate to a particular locality, in a local newspaper circulating in that locality, a notice in the form set out in the Schedule to these Regulations or in a form substantially to the like effect.
8. The nominee shall take into account any representations made in pursuance of the notice given or published in accordance with regulation 7 before determining the matters which he is required to determine for the purposes of section 12(3) or, as the case may be, section 12(4).
9. Where, after taking into account the representations made in pursuance of the notice given or published in accordance with regulation 7, the nominee decides— (a) not to proceed with his proposal to transfer the balance standing to the credit of the dormant body in such accounts as are mentioned in section 12(2) to any other recognised body in terms of section 12(3) or (4); or
(b) to transfer that balance to a recognised body ("the second recognised body") in terms of section 12(3) or (4) which is different from the recognised body ("the first recognised body") to which he proposed to transfer that balance in that notice,
he shall— (i) in either case, notify the first recognised body of his decision and publish notice of his decision in a newspaper circulating throughout Scotland or, if the purposes of the dormant body, so far as known to the nominee, relate to a particular locality, in a local newspaper circulating in that locality; and
(ii) in the case mentioned in (b) above, notify the second recognised body of his decision.
10. Where the nominee has determined to transfer the balance standing to the credit of the dormant body in such accounts as are mentioned in section 12(2) to another recognised body in terms of section 12(3) or (4), he shall— (a) apply any interest which he is entitled to apply in accordance with regulations 11 and 12;
(b) instruct the relevant institution concerned to transfer the balance then standing to the credit of the dormant body in such accounts to that other recognised body and thereafter close the accounts;
(c) instruct the relevant institution to notify him of the amount of the balance so transferred; and
(d) inform those concerned in the management or control of that other recognised body of the amount of money so transferred.
Interest
11.—(1) Where the nominee is entitled, by virtue of section 12(7), to effect any transaction in relation to any account to which section 12(3) applies, he may apply, subject to paragraph (2) below, the whole amount of any interest accruing to that account during any period for which he is so entitled for the purpose of defraying his expenses in connection with the exercise of his functions under section 12.
(2) The interest, which may be applied by the nominee in pursuance of paragraph (1) above, shall not exceed the amount of the nominee's expenses in connection with the exercise of his functions under section 12 in relation to the body in whose name or on whose behalf the account is held and, where the amount of such interest exceeds those expenses, any excess shall be added to the credit of that body in that account.
12. Where the nominee is entitled, by virtue of section 12(7), to effect any transaction in relation to any account to which section 12(3) applies, he shall write to the relevant institution from time to time, as occasion requires, and— (a) inform it of the date on which he became so entitled;
(b) instruct it to add to that account any interest which has accrued to that account up to that date;
(c) instruct it to transfer to him any interest which he is entitled to apply in terms of regulation 11; and
(d) instruct it to add to the credit of the body in that account any excess interest as mentioned in regulation 11(2).
Accounts
13. The nominee shall keep, in relation to each body in respect of which he has received from a relevant institution the information specified in section 12(2), accounts as respects his outlays and expenses in connection with the exercise of his functions under section 12.
Annual Report
14. The nominee shall make an annual report to the Secretary of State as regards the exercise of his functions in respect of the year to which the report relates and the annual report shall contain in particular— (a) a summary of the accounts kept by the nominee of his outlays and expenses in relation to each body in that year;
(b) such other information as the nominee considers appropriate.
Lindsay
Parliamentary Under-Secretary of State, Scottish Office
St Andrew's House, Edinburgh
2nd August 1995
Notes:
[1] 1990 c. 40. back
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