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1. Scheme publicity |
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The requirements for notice set out in s.20 of the 1993 Act do not apply to pooling Schemes (they are not made under ss.16-18) but we have power under s.89(2) of the 1993 Act to require publicity by public notice. |
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Publicity for pooling Schemes need not be given unless it is felt to be in the public interest. For example, a case might be particularly sensitive or have a high public profile, or concern may already have been expressed over the proposed arrangements. In some cases, the trustees themselves may consider publicity to be advantageous - for example where the Scheme addresses publicly voiced criticism of the charities' previous investment strategy. |
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Where notice is considered appropriate, the form and procedure to be followed should be the same as that used for Schemes made under ss.16-18. |
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Unless it is felt that publicity is required, therefore, the Scheme can be sealed once its terms have been agreed with the trustees |
 
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2. Name of pool charity to be checked |
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Before a Scheme is sealed, you should check CDB to ensure that the name of the pool charity created is not the same as, or too like, that of an existing charity (see OG 18). |
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3. Reference to Registration Division |
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When the Scheme has been sealed, the file should be sent to Registration Division to register the charity in accordance with their usual procedure. |
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