F1Part 1Charities
Chapter 1Office of the Scottish Charity Regulator
1Office of the Scottish Charity Regulator
I11
There is to be an office to be known as the Office of the Scottish Charity Regulator.
I12
There is established a body corporate, to be known as the Scottish Charity Regulator, which is to be the holder of that office.
I13
That office-holder is referred to in this Act as “OSCR”.
I14
OSCR has the functions conferred on it by or under this Act and any other enactment.
5
OSCR's general functions are—
I3a
to determine whether bodies are charities,
I2b
to keep a public register of charities,
I2c
to encourage, facilitate and monitor compliance by charities with the provisions of this Act,
I2d
to identify and investigate apparent misconduct in the administration of charities and to take remedial or protective action in relation to such misconduct, and
I2e
to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR's functions.
I16
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.
I17
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).
I18
OSCR must perform its functions in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.
I19
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.
I110
Schedule 1 makes further provision about the Scottish Charity Regulator.
I42Annual reports
1
As soon as practicable after the end of each financial year, OSCR must—
a
prepare and publish a general report on the exercise of its functions during that year,
b
send a copy of the report to the Scottish Ministers, and
c
lay a copy of the report before the Scottish Parliament.
2
A general report may include, in particular, any general recommendations which OSCR may have arising from the exercise of its functions during that year and any previous financial year.
3
It is for OSCR to determine the form and content of a general report and by what means it is to be published.
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