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You are here: OSCR - Office of the Scottish Charity Regulator | The Register | Removals from the Register
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s.33 November Removals

Report (under Section 33 of the Charities and Trustee Investment (Scotland) Act 2005) :

in respect of all charities on the attached list

 

Background

Section 99(1) of the Charities and Trustee Investment (Scotland) Act 2005 (hereafter “the 2005 Act”) ensured that the Scottish Charity Register was populated, on 1st April 2006, with the details of bodies which were, at that time, entitled to call themselves a Scottish charity by virtue of section 1(7) of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990. 
 
In practice, this meant that all those bodies which had a Scottish charity number (starting SC XXXXXX), and which had not previously indicated to HM Revenue and Customs that they had ceased, were entered on the Scottish Charity Register.
 
However, for a number of charities that were in this way entered on the Scottish Charity Register full, up-to-date details were not available, nor had these been provided in response to the 2005 Annual Return form sent out by OSCR in April 2005.
 
In respect of these charities, amongst which are those listed at the top of this report, OSCR is carrying out a programme of  enquiries to establish whether these charities are still in existence and can be found, or whether these have apparently ceased to exist or operate.
 
Under section 30 of the 2005 Act OSCR must, where it appears that a charity no longer meets the charity test, remove the charity from the Register. A charity that apparently has ceased to exists or operate does not provide public benefit, and therefore does not meet the charity test and will be taken off the Register.
 

Programme of enquiries

 
A range of methods are used by OSCR to establish whether a particular charity still exists.  These are:
a. contacting umbrella/membership organisations;
b. contacting voluntary sector intermediaries: SCVO, local CVS’s and Workwithus.org;
c. contacting Local Authorities;
d. contacting other regulators: Companies House and Care Commission;
e. a general Internet search;
f. checking the Electoral Roll;
g. contacting solicitors/accountants;
h. checking charity title files;
i. contacting HMRC(charitable tax relief);
j. using reminder letters and follow up phonecalls;
k. searching the register database on similar names;
l. using funders’  lists.
 
Further details of what each of these search methods involves can be found in the OSCR  policy paper ‘Establishing an Accurate Register’, which is published on the OSCR website or can be requested in hard copy from the OSCR Register Team.
 
The exact searches that have been carried out in respect of any of the individual charities listed at the top of this report have been recorded by OSCR.  This information can be obtained by contacting the OSCR Register Team.
 
The contact details for the OSCR Register team are:

 

Register Team
OSCR
2nd Floor
Quadrant House
9 Riverside Drive
DUNDEE
DD1 4NY
info@oscr.org.uk
 
01382 220446
01382 220314
 

Action

We will remove the charities on the attached list from the Scottish Charity Register on 8 December, as it appears to us that these charities no longer meet the charity test due to having ceased to exist or operate, unless a charity asks us to review our decision before 7 December.
 

Review

If  a charity listed above disagrees  with our  decision to remove it from the Register, it has  the right (under section 74 of the 2005 Act) to ask us to review the decision.  To do so the charity  must contact the Review Officer  by e-mail or at the address below within 21 days of the date of this report.  The request for review must be in the form of a formal communication under section 100 (4) of the 2005 Act – that is, it must be made in writing and either:
 
  • delivered in person
  • sent by post in a prepaid registered letter or by the recorded delivery service
  • or sent by any electronic means (ie fax or email) which will cause it to be delivered on the same or next day. 
 
The contact details for the OSCR Review Officer are:

 

Review Officer

OSCR
2nd Floor
Quadrant House
9 Riverside Drive
DUNDEE
DD1 4NY
Review.Officer@oscr.org.uk
 
We will give notice to the charity of the result of the review by means of a formal communication within 21 days of the review being requested. 
 
OSCR
17 November 2006

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