Change of name: delaying decision or granting or refusing consent 5 4 (1) The 2005 Act is modified as follows. (2) In section 11 (change of name)— (a) in subsection (3)— (i) for “, directs the charity not to change its name,” substitute “— (a) refuses its consent, or 10 (b) directs the charity not to change its name to that proposed new name 1 for a period of not more than 6 months specified in the direction,”, (ii) the words “OSCR is to be taken as having given its consent.” become the closing words, (b) after subsection (3), insert— 15 “(3A) A direction under subsection (3)(b)— (a) may be revoked at any time, (b) may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given. (3B) Where OSCR gives such a direction it must, after making such inquiries as it 20 thinks fit— (a) give its consent, whether or not subject to conditions, or (b) refuse its consent.”, (c) in subsection (4)— (i) the words “it considers that the proposed new name falls within section 10” 25 become paragraph (a), (ii) after paragraph (a) (as formed), insert “, or (b) it is unable, after making reasonable inquiries, to satisfy itself that the proposed new name does not fall within section 10.”, (d) after subsection (4), insert— 30 “(5) OSCR may, at the request of a charity, grant consent to a different proposed new name than that specified by the charity in the notice given by it under subsection (2). (6) Where consent to a new name is granted by virtue of subsection (5), the charity is deemed for the purpose of the minimum notice period provided for in 35 subsection (2) to have sought consent to that new name on the day that it gave the notice under subsection (2).”. (3) In section 71 (decisions), for paragraph (c) substitute— “(c) refuse to consent to a charity changing name under section 11,”. 23 Charities (Regulation and Administration) (Scotland) Bill Schedule—Further modification of the 2005 Act Oversight in relation to working names 5 (1) The 2005 Act is modified as follows. (2) In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”. (3) In section 10 (objectionable names)— 5 (a) in subsection (1), paragraph (a), after “name” insert “or working name”, (b) after subsection (2), insert— “(3) Nothing in this section, or in any of sections 5(2)(a), 11(4), 12(3), 54(4)(a) or 57(3)(a), requires OSCR to undertake any investigation into the working name of a charity.”. 10 (4) In section 12 (power of OSCR to require charity to change name)— 1 (a) in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”, (b) after subsection (2), insert— 15 “(2A) OSCR may, if satisfied following such a review that the working name of a charity (“charity A”) is the same as or too like the name or working name of another charity (“charity B”), as appropriate— (a) direct charity B to change its name, (b) direct either one or both of the charities to stop using its working name 20 within such period as may be specified in the direction.”, (c) for subsection (3), substitute— “(3) At any other time— (a) where OSCR considers that a charity's name falls within section 10, it must direct the charity to change its name, 25 (b) where OSCR considers that a charity's working name is objectionable, it may direct the charity to stop using that working name within such period as may be specified in the direction.”, (d) after subsection (3A) (inserted by paragraph 3), insert— “(3B) A direction under this section— 30 (a) may be revoked at any time, (b) may be varied, but only by extending the period specified in it.”, (e) in subsection (4), after “this section” insert “to change name”, (f) in subsection (5), after “direction” insert “to change name”, (g) after subsection (5), insert— 35 “(6) For the purposes of subsection (3)(b), a charity’s working name is objectionable where it would, if it were the charity’s name, fall within section 10(1).”. (5) The heading of section 12 becomes “Power of OSCR in relation to charity names and working names”. 24 Charities (Regulation and Administration) (Scotland) Bill Schedule—Further modification of the 2005 Act 1 (6) In section 71 (decisions)— (a) in paragraph (d), after “12(2)” insert “, (2A)”, (b) in paragraph (e), after “12(2)” insert “or (2A)”. (7) In section 73(2) (effect of decisions), in the opening words, after “71(d),”, insert “(ea),”. 5 (8) In section 106 (general interpretation), after the definition of “SCIO”, insert— ““working name”, in relation to a charity, means a name that is not the charity’s name but which is used to identify the charity and under which it carries out activities.”.