Charities Citation, commencement and savings 1 1 These Regulations may be cited as the Charities Reorganisation (Scotland) Amendment Regulations 2012 and come into force on 1st November 2012. 2 These Regulations do not apply in respect of any application made under regulation 2 of the 2007 Regulations and received by OSCR before 1st November 2012. Interpretation 2 In these Regulations— “the 2005 Act ” means the Charities and Trustee Investment (Scotland) Act 2005; and “the 2007 Regulations” means the Charities Reorganisation (Scotland) Regulations 2007 . Amendment of the Charities Reorganisation (Scotland) Regulations 2007 3 The 2007 Regulations are amended as follows. 4 In regulation 1(2)— a after the definition of “the 2005 Act” insert— “gross annual income” means the gross annual income of the charity as shown in the charity’s most recent statement of account; “large charity” means a charity with a gross annual income of £250,000 or more; ; b for “latest date for receipt of notices of objection by OSCR” substitute “latest date for receipt of representations by OSCR”; c after the definition of “OSCR” omit “and”; and d after the definition of “publication period” insert— “small charity” means a charity with a gross annual income of less than £250,000; and “very small charity” means a small charity whose assets do not include any heritable property or shares in a private limited company, and with a gross annual income of less than £1,000. . 5 In regulation 2— a in paragraph (2), for “charity with a gross annual income of £250,000 or more” substitute “large charity”; b in paragraph (2)(g), for “notices of objection to” substitute “representations in relation to”; and c in paragraph (2)(h), for “objectors” substitute “those persons making representations”. 6 1 In the heading to regulation 3, after “website” insert “: large and small charities”. 2 In regulation 3(1), after “receipt of a” insert “large or small”. 3 In regulation 3(3) and (4), for “notices of objection” substitute “representations”. 7 1 For the heading to regulation 4 substitute “Newspaper or periodical notice: large charity”. 2 In regulation 4(1)— a for “charity with a gross annual income of £250,000 or more” substitute “large charity”; and b after “newspaper” insert “or periodical relevant to the purposes of the charity and”. 3 After regulation 4(1), insert— 1A The notice must be in the form set out in the Schedule. . 4 In regulation 4(3), for “notices of objection” substitute “representations”. 8 For regulation 5, substitute— 5 1 Any person may make a representation to OSCR either supporting or opposing a proposed reorganisation scheme for a large or small charity. 2 A representation must be in writing and may be sent to OSCR by email or by post or may be delivered personally. 3 A representation must state— a the name and address (which may be an email address) of the person making the representation; b the name of the charity concerned as it appears in the notice on OSCR’s website or the notice published in a newspaper or periodical; and c the nature of the representation and the reasons for it. 4 Representations must be received by OSCR not later than the deadline for making representations to OSCR, as specified in the notice on OSCR’s website. 5 Not later than 7 days after the deadline for making representations to OSCR, as specified in the notice on OSCR’s website, OSCR must send to the charity a summary of the representations received which may include the name and address of the maker of the representation. . 9 1 In the heading to regulation 6, after “decision” insert “: large and small charities”. 2 In regulation 6— a in paragraph (1), for “objections” substitute “representations”; b for paragraph (2) substitute— 2 Before reaching its decision OSCR must consider— a all of the representations it has received which comply with the requirements of regulation 5; and b any response it has received to those representations by the charity. ; and c in paragraph (3), for “notice of objection to” substitute “representation in relation to”. 10 After regulation 6, insert— Very small charities: simplified procedure 7 1 On receipt of an application under section 39 of the 2005 Act by a very small charity, OSCR may apply a simplified procedure to the application. 2 Where OSCR applies a simplified procedure— a OSCR must write to the charity to confirm that a simplified procedure will be applied to the application, within 14 days of the date of receipt of the application; and b regulations 3, 5 and 6 do not apply to the application. 3 Under the simplified procedure, OSCR must— a make a decision on the application within 13 weeks of receipt of the application; and b send a copy of its decision to the charity within 7 days of the date of the decision being made. . 11 As the Schedule to the 2007 Regulations, insert— SCHEDULE FORM OF NOTICE OF PROPOSED REORGANISATION SCHEME Regulation 4(1A) [Insert the name of the charity as entered in the Scottish Charity Register] ([insert the registered number allocated to the charity]) has applied to the Office of the Scottish Charity Register (“OSCR”) for approval of a reorganisation scheme. Details of the proposed reorganisation scheme may be obtained from OSCR’s website ( www.oscr.org.uk ) or by writing to OSCR [insert OSCR’s postal address]. Anyone who wishes to make representations to OSCR may do so in accordance with regulation 5 of the Charities Reorganisation (Scotland) Regulations 2007. All representations must reach OSCR not later than [insert the deadline for making representations to OSCR, as specified in the notice on OSCR’s website]. . JOHN SWINNEY A member of the Scottish Government St Andrew’s House, Edinburgh 4th July 2012