Inquiries into Scottish Charities
The Act allows OSCR to make inquiries into charities and other bodies, such as those controlled by a charity or charities; or any that represent themselves as charities while not on the Register.The power to make such inquiries is contained in Sections 28 and 29 of the Act.The enquiry may be made either generally or for a particular purpose. The proactive annual monitoring programme will be conducted under these provisions, and in the exercising of other OSCR functions, staff may identify issues for inquiry. In addition to internally referred matters OSCR may undertake inquiries as a result of a complaint from a member of the public, an elected representative or another regulator. In making an inquiry OSCR will act in the public interest and not on behalf of an individual.
The primary purpose of an inquiry by OSCR is to ensure that charity assets are protected from abuse and remain available for use in the furtherance of a charity’s objects.
Every inquiry will be made in line with OSCR’s published Enquiry and intervention policy. OSCR will treat both complainers and charities with respect and will make every effort to conduct our enquiries thoroughly but sensitively.
Most inquiries will be conducted under Section 28 but on occasion it will be necessary to employ the powers of compulsion contained within Section 29 in which there is an offence of failure to comply with a requirement made by OSCR.
In many cases an inquiry will reveal mismanagement of a nature that must be corrected to enable the charity to function properly, but it may not be in the public interest to take formal action against the bodies or individual persons. Such a case will be referred to OSCR staff, who through offering support may enable those in management or control to better run the body and to fully comply with their legal requirements.
In cases of more serious mismanagement or misconduct, the options open to OSCR after inquiry include the suspension of persons from management or control, directing a charity or other body not to take the action that is the cause of concern or in the most extreme cases to take formal action seeking orders against a body into which OSCR is permitted to make inquiry or those in management or control. The orders sought may include the removal of persons concerned from management or control. Formal directions and suspensions made by OSCR will be included on Scottish Charity Register against the charity to which they refer.
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