F1Part 1Charities
Chapter 4Supervision of charities etc.
Inquiries
I128Inquiries about charities etc.
1
OSCR may at any time make inquiries, either generally or for particular purposes, with regard to—
a
a charity,
b
a body controlled by a charity (or by two or more charities, when taken together),
c
a body which is not entered in the Register which appears to OSCR to represent itself as a charity (or which would, but for section 14, so appear),
d
a person not falling within paragraph (a) to (c) who appears to OSCR to act, or to represent itself as acting, for or on behalf of—
i
a charity, or
ii
a body falling within paragraph (b) or (c),
e
a person who appears to OSCR to represent a body F4as a charity despite that body not being entered in the Register,
f
any particular type of charity, of body falling within paragraph (b) or (c), or of person falling within paragraph (d) or (e).
2
OSCR may make inquiries under subsection (1) of its own accord or on the representation of any person.
F22A
It does not matter whether a charity, body or person continues to fall within a paragraph of subsection (1), or continues to exist, for OSCR to be able to make inquiries under that subsection (but see subsection (4A)).
3
OSCR may direct any charity, body or person with regard to which it is making inquiries under subsection (1) not to undertake activities specified in the direction for such period of not more than 6 months as is specified in the direction.
4
A direction under subsection (3) given to a person falling within paragraph (d) or (e) of subsection (1) may be given only in relation to activities which that person undertakes for or on behalf of the charity or body to which the inquiries relate.
F34A
Where inquiries are made by virtue of subsection (2A) into a charity, body or person which no longer falls within a paragraph of subsection (1)—
a
the inquiries must relate to the period or periods in which the charity, body or person fell within one or more paragraphs of subsection (1), and
b
no direction may be given under subsection (3),
unless the inquiries or, as the case may be, the direction relates to the application of protected charitable assets (see section 19).
5
A direction under subsection (3)—
a
may be revoked at any time,
b
may be varied, but not so as to have effect for a period of more than 6 months from the date on which it is given.
6
A person who, without reasonable excuse, refuses or fails to comply with a direction under subsection (3) is guilty of an offence.
7
A person guilty of an offence under subsection (6) is liable on summary conviction to a fine not exceeding level 4 on the standard scale or imprisonment for a period not exceeding 3 months, or to both.
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