Part 1Charities

Chapter 1Office of the Scottish Charity Regulator

1Office of the Scottish Charity Regulator

1

There is to be an office to be known as the Office of the Scottish Charity Regulator.

2

There is established a body corporate, to be known as the Scottish Charity Regulator, which is to be the holder of that office.

3

That office-holder is referred to in this Act as “OSCR”.

4

OSCR has the functions conferred on it by or under this Act and any other enactment.

5

OSCR’s general functions are—

a

to determine whether bodies are charities,

b

to keep a public register of charities,

c

to encourage, facilitate and monitor compliance by charities with the provisions of this Act,

d

to identify and investigate apparent misconduct in the administration of charities and to take remedial or protective action in relation to such misconduct, and

e

to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR’s functions.

6

OSCR may do anything (whether in Scotland or elsewhere) which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

7

Subsection (6) does not enable OSCR to do anything in contravention of any express prohibition, restriction or limitation on its powers which is contained in any enactment (including this Act).

8

OSCR must perform its functions in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.

9

In performing its functions OSCR must, so far as relevant, have regard to—

a

the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted only at cases in which action is needed, and

b

any other principle appearing to OSCR to represent best regulatory practice.

10

Schedule 1 makes further provision about the Scottish Charity Regulator.