F1Part 1Charities

Annotations:
Amendments (Textual)
F1

Pt. 1 Ch. 5A inserted (1.10.2010 for specified purposes, 1.11.2012 in so far as not already in force) by Public Services Reform (Scotland) Act 2010 (asp 8), ss. 125(1), 134(7); S.S.I. 2010/321, art. 3, Sch.; S.S.I. 2012/218, art. 2

Chapter 6Charity accounts

Duty to keep accounts etc.

I1I244Accounts

1

A charity must—

a

keep proper accounting records,

b

prepare for each financial year of the charity a statement of account, including a report on its activities in the financial year,

c

have the statement of account independently examined or audited, and

d

after such examination or audit, send a copy of the statement of account to OSCR,

in accordance with regulations under subsection (4).

2

Accounting records kept in pursuance of subsection (1)(a) must be preserved by the charity for 6 years from the end of the financial year F5to which they relate.

F42A

Where the charity ceases to be a charity before the end of the period mentioned in subsection (2), the records must be preserved for the remainder of that period by—

a

the body which was the charity, or

b

where that body ceases to exist, a person notified to OSCR who, immediately before it ceased to exist, was—

i

a charity trustee of the charity, or

ii

where the body was not a charity at that time, concerned in the management or control of the body.

3

F6Subsections (2) and (2A) are without prejudice to any other enactment or rule of law.

4

The Scottish Ministers may by regulations make provision about the matters referred to in subsection (1) including—

a

the meaning of “financial year”,

b

the information to be contained in the accounting records and statement of account,

c

the manner in which that information is to be presented,

d

the keeping and preservation of the accounting records,

e

the methods and principles according to which, and the time by which, the statement of account is to be prepared,

f

the time by which the copy statement of account is to be sent to OSCR,

g

examination or audit of the statement of account,

h

such other matters in relation to the accounts of a charity as the Scottish Ministers think necessary or expedient.

5

Regulations under subsection (4) may make different provision in relation to different types of charity, including provision exempting charities of a particular type from some or all of the requirements of this section.

I345F2Failure to provide statement of account: preparation by appointed person

F71

This section applies where—

a

a charity has failed to send a copy of its statement of account to OSCR in pursuance of section 44(1)(d), and

b

the time by which the statement was due to be sent to OSCR by virtue of provision made under section 44(4)(f) has passed.

2

OSCR may, after notifying the charity of its intention to do so, appoint a suitably qualified person (an “appointed person”) to prepare such a statement of account.

3

An appointed person is entitled—

a

on giving reasonable notice, to enter premises occupied by the charity at all reasonable times,

b

to have access to, and take possession of, any document appearing to the appointed person to relate to the financial affairs of the charity, and

c

to require any charity trustee, or agent or employee, of the charity to give the person such assistance, information or explanation as the appointed person may reasonably require.

4

The charity trustees of the charity are personally liable jointly and severally for—

a

any costs incurred by OSCR in relation to the appointment of the appointed person, and

b

the expenses of the appointed person in performing that person's functions under this section.

5

The appointed person must—

a

send to OSCR the statement of account prepared in pursuance of subsection (2),

b

submit to OSCR a report on the affairs and accounting records of the charity, and

c

send a copy of the statement of account and report to each person appearing to the appointed person to be a charity trustee of the charity.

6

A person who, without reasonable excuse, refuses or fails to comply with a requirement of an appointed person under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.

45AF3Failure to provide statement of account: removal from Register

1

This section applies where—

a

a charity has failed to send a copy of its statement of account to OSCR in pursuance of section 44(1)(d),

b

the time by which the statement was due to be sent to OSCR by virtue of provision made under section 44(4)(f) has passed,

c

the charity has not responded to communications from OSCR in respect of the failure, and

d

a statement of account has not been prepared, and is not being prepared, under section 45.

2

OSCR may give the charity notice of its intention to remove the charity from the Register.

3

Unless the charity makes contact with OSCR within 3 months of the date on which notice under subsection (2) is given, OSCR may remove the charity from the Register.

4

A notice under subsection (2) must set out—

a

that the notice has been given because the criteria in paragraphs (a) to (d) of subsection (1) have been met, and

b

that the charity may be removed from the Register unless it makes contact with OSCR within the period specified in subsection (3).

5

OSCR—

a

must publish on its website a list of charities to which a notice under subsection (2) has been issued and remains in effect,

b

may take such further steps as appear to it to be appropriate with a view to bringing the giving of a notice under subsection (2) to the attention of persons likely to be affected by it.

6

In relation to a SCIO, the power in subsection (3) to remove a charity from the Register is a power to take steps in accordance with regulations made under section 64(1)(d) to secure the dissolution of the SCIO and, following such dissolution, to remove it from the Register.