Under section 33 of
the Charities and Trustee Investment (Scotland) Act 2005, OSCR must
report on the subject of inquiries made under section 28 if as a
result of the inquiries it:
(i) gives a direction, or removes a charity from the Register
under section 30
(ii) suspends a person under subsection (4) of section 31, or
(iii) gives a direction under any of subsections (5) to (9) of
section 31
In addition, OSCR can choose to publish a report on the subject of
any other inquiries made under section 28.
The following are the reports that have been made under section 33
and which are still current.
The first three reports are for the fee-charging schools to whom
OSCR issued Directions on 11 January 2013.
Fee-charging schools
Charity: Wellington School (Ayr)
Limited
Charity: The Governors of the Fettes
Trust. Date issued: 11 January 2013.
Charity: St George's School for
Girls. Date issued: 11 January 2013.
Charity: St Columba's School Ltd.
Date issued: 11 January 2013.
Charity: Hutchesons
Educational Trust, Date issued: 17 November 2011
Charity: Lomond School,
Date issued: 17 November 2011
Charity:
Merchiston Castle School, Date issued: 17 November 2011
Charity: St
Leonards School, Date issued: 17 November 2011
Other section 33 reports
2013
Charity: Dyspraxia Scotland.
Date issued: 30 January 2013
Charity: St Margaret's Children and
Family Care Society. Date issued: 22 January 2013
Charity: Glasgow East Regeneration Agency
Limited. Date issued: 14 January 2013
Charity: Michael Scott Research
Trust. Date issued: 7 January 2013.
2012
Charity: Tayside Foundation for
the Conservation of Resources. Date issued: 21 December
2012
Charity: The Mark Wright Project. Date issued: 20 December
2012.
Organisation: The Greenhouse. Date
issued: 16 November 2012
Charity: Dumbarton and Vale
of Leven Visually Impaired Group. Date issued: 14 November
2012
Organisation: C3 DES. Date issued: Updated 4 October 2012.
Charity: Glasgow's French Speaking Community for Africa. Date
issued: 27 September 2012
Charity: Help and Improvement of Children in Africa (HICA).
Date issued: 17 August 2012
Charity: Universal Health Foundation. Date issued: 7 August
2012
Charity: Centre for Human Advancement. Date issued: 7 August
2012
Charity: Friends of Cochlear Implant Users Scotland (FOCUS).
Date issued: 7 August 2012
Charity: Old Boys Social Club Sir Alexander Gibb Trust. Date
issued: 7 August 2012
Charity: Family of Saint Philomena. Date issued: 2 August
2012
Charity: Tayside Foundation for the Conservation
of Resources. Date issued: 19 July 2012
Charity: Shetland Charitable
Trust, Date issued: 30 April 2012.
Organisation: The Zimbabwean Alliance for Human Rights Ltd, Date
issued: Update 20 February 2012
Charity: Candy Kids
Appeal Trust, date issued: 16 February 2012.
Charity: Royal
Zoological Society of Scotland, date issued: 14 February
2012.
2009 - 2011
Charity: Shetland Independent Ambulance Service, Date issued: 23
November 2011
Charity:
Berwickshire Access Panel, date issued: 23 November 2011
Charity: Projects for Education Environment Culture Heritage
P.E.E.C.H., Date issued: 9 November 2011
Charity: AARO Charitable Trust, Date issued: 7 November
2011
Charity: Kurdish
Cultural Association - Scotland, Date issued: 7 November
2011
Charity: Wanderers,
Date issued: 7 November 2011
Charity: Monkstadt
Trust, Date issued: 7 November 2011
Charity: Cushnie Chaos,
Date issued: 7 November 2011
Charity: Scalloway Public Hall Trust, Date
Issued: 9 September 2011
Charity: Eilean Eisdeal, Date
Issued: 31 August 2011
Charity: Pro Arte, Date Issued: 08
November 2010
Charity: Feba
Sport And Leisure Limited, Date Issued: 15 October 2010
Charity: The
Sick Kids Friends Foundation, Date Issued: 09 September
2010
Charity: The Largo Trust, Date
Issued: 01 September 2009
Charity: Cantraybridge, Date
Issued: 05 May 2009
2013
Charity:
Wellington School (Ayr) Limited
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005, the Office of the Scottish
Charity Regulator has directed SC005052 Wellington School (Ayr)
Limited under section 30(1)(a) of the 2005 Act to take steps to
meet the charity test by removing the undue restriction on
obtaining the benefit provided by the charity by 31 October
2014.
Download the full section 33 report.
Charity: Dyspraxia Scotland. Date issued: 30
January 2013
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that
Dyspraxia Scotland does not meet the charity test on the grounds
that it is inactive and is not fulfilling its charitable purposes
or providing public benefit. OSCR has therefore given notice of its
intention to remove Dyspraxia Scotland from the Scottish Charity
Register under Section 30(1)(b) of the 2005 Act. For further
information read the full report.
Download the full section 33 report.
Charity: St Margaret's Children and Family Care
Society. Date issued: 22 January 2013
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005, the Office of the Scottish
Charity Regulator has directed St Margaret's Children and Family
Care Society (SC028551) under section 30(1)(a) of the 2005 Act to
take steps by 22 April 2013 to meet the charity test by amending
its external statements, internal guidance and procedures and
practice so as to ensure that the criteria applied to decide
whether those enquiring about assessment as adoptive parents will
be accepted for full assessment are clear and transparent and
comply fully with the requirements of the Equality Act 2010.
Download the section 33
report.
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Charity: Glasgow East Regeneration
Agency Limited. Date issued: 14 January 2013
In January 2012 we became aware of press reports about an
alleged high value severance package agreed by GERA's trustees for
the charity's chief executive when he was made redundant on 31
March 2011. We are publishing a report on the outcome of our
inquiry to make our findings available to the wider charitable
sector.
Download
the section 33 report here.
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Charity: The Governors
of the Fettes Trust. Date issued: 11 January
2013.
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005, the Office of the Scottish
Charity Regulator has directed SC017489 The Governors of the Fettes
Trust under section 30(1)(a) of the 2005 Act to take steps to meet
the charity test by removing the undue restriction on obtaining the
benefit provided by the charity by 31 July 2014.
Section 33 report updated (22 January 2013) following advice
from the charity that the 2011/12 fees had originally been provided
in error as part of the assessment. Report now updated to
reflect the fees for the 2010/11 session which was the year
assessed.
Download the section 33 report.
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Charity: St George's School
for Girls. Date issued: 11 January 2013.
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005, the Office of the Scottish
Charity Regulator has directed SC012632 St George's School for
Girls under section 30(1)(a) of the 2005 Act to take steps to meet
the charity test by removing the undue restriction on obtaining the
benefit provided by the charity by 31 July 2014.
Download
the section 33 report.
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Charity: St Columba's School
Ltd. Date issued: 11 January 2013.
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005, the Office of the Scottish
Charity Regulator has directed SC012598 St Columba's School Ltd
under section 30(1)(a) of the 2005 Act to take steps to meet the
charity test by removing the undue restriction on obtaining the
benefit provided by the charity by 31 July 2014.
Download the section 33 report.
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Charity:
Michael Scott Research Trust. Date issued: 7 January
2013.
Notice of OSCR's decision to remove the charity from the
Scottish Charity Register under section 30(1)(b) of the 2005 Act on
the grounds that we do not consider it provides public benefit and
no longer meets the charity test.
Download the section 33 report.
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2012
Charity: Tayside
Foundation for the Conservation of Resources. Date issued: 21
December 2012.
Following inquiries made under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 the Office of the Scottish
Charity Regulator has suspended Doug McLaren, a director of Tayside
Foundation for the Conservation of Resources, under section 31(4)
of the 2005 Act from being concerned in the management or control
of the charity. Mr McLaren has requested a review of the
suspension.
Download
the section 33 report.
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Charity: The Mark Wright
Project. Date issued: 20 December 2012.
OSCR has completed an inquiry under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005. Recognising the
intense public interest in this charity, we determined that a
report of our findings should be published. The report
outlines the reasons for our inquiry as well as its scope, full
findings and conclusions.
Download the section
33 report.
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Organisation: The
Greenhouse. Date issued: 16 November 2012.
As a result of inquiries made under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005 (the 2005 Act) it
appears to OSCR that a body known as The Greenhouse has been
misrepresented as a charity. OSCR has taken action to stop the
misrepresentation.
Download the full section 33
report.
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Charity: Dumbarton and Vale
of Leven Visually Impaired Group. Date issued: 14 November
2012.
OSCR has decided to remove Dumbarton and Vale of Leven Visually
Impaired Group from the Scottish Charity Register under section
30(1)(b) of the Charities and Trustee Investment (Scotland) Act
2005 because it appears to OSCR that this charity no longer meets
the charity test.
Download the full section 33 report.
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Organisation:
C3 DES. Date issued: 24 September 2012. Updated 4 October
2012.
As a result of inquiries made under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005 (the 2005 Act) it
appears to OSCR that a body known as C3 DES has been misrepresented
as a charity. OSCR has taken action to stop the
misrepresentation.
Download the full section 33
report.
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Charity: Glasgow's French
Speaking Community for Africa. Date issued: 27 September
2012.
OSCR has decided to remove Glasgow's French Speaking Community
for Africa from the Scottish Charity Register under section
30(1)(b) of the Charities and Trustee Investment (Scotland) Act
2005 because it appears to OSCR that this charity no longer meets
the charity test.
Download the full section 33 report.
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Charity: Universal Health
Foundation. Date issued: 7 August 2012
Notice of OSCR's decision to remove the charity from the Scottish
Charity Register under section 30(1)(b) of the 2005 Act on the
grounds that we do not consider it provides public benefit and no
longer meets the charity test.
Download the full section 33 report.
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Charity: Centre for Human
Advancement. Date issued: 7 August 2012
Notice of OSCR's decision to remove the charity from the
Scottish Charity Register under section 30(1)(b) of the 2005 Act on
the grounds that we do not consider it provides public benefit and
no longer meets the charity test.
Download the full section 33 report.
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Charity:
Friends of Cochlear Implant Users Scotland (FOCUS). Date
issued: 7 August 2012.
Notice of OSCR's decision to remove the charity from the
Scottish Charity Register under section 30(1)(b) of the 2005 Act on
the grounds that we do not consider it provides public benefit and
no longer meets the charity test.
Download the full section 33 report.
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Charity:
Old Boys Social Club Sir Alexander Gibb Trust
Notice of OSCR's decision to remove the charity from the
Scottish Charity Register under section 30(1)(b) of the 2005 Act on
the grounds that we do not consider it provides public benefit and
no longer meets the charity test.
Download the full section 33 report.
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Charity: Family of
Saint Philomena
Date issued: 2 August 2012
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that
Family of Saint Philomena no longer meets the charity test. We will
therefore remove Family of Saint Philomena from the Scottish
Charity Register after 21 days from the date of this report, under
section 30(1)(b) of the 2005 Act.
Download the full section 33
report.
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Charity: Tayside
Foundation for the Conservation of Resources
Date issued: 19 July 2012
The Office of the Scottish Charity Regulator (OSCR) is currently
making inquiries into the Tayside Foundation for the Conservation
of Resources, SC023578 (the charity). While these inquiries
are being made we have determined that it is in the public interest
to take precautionary action to safeguard the charity, its assets
and its reputation.
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the full section 33 report.
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Charity: Shetland Charitable
Trust
Date issued: 30 April 2012
While OSCR conducts inquiries under section 28
of the Charities and Trustee Investment (Scotland) Act 2005, we
have taken precautionary action, to protect the reputation of the
charity, by directing the Trust not to make any binding decision in
relation to further investment in the Viking Energy project before
5 May 2012.
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full section 33 report.
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Charity:
HICA Help and Improvement of Children in Africa
Date issued: 16 February 2012
While OSCR conducts inquiries into HICA Help and Improvement of
Children in Africa under section 28 of the Charities and Trustee
Investment (Scotland) Act 2005, we have taken precautionary action
by directing the charity's trustees not to undertake any activities
on behalf of the charity. For further information, read the
full report.
Download the full section 33
report.
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Charity: Candy Kids
Appeal Trust
Date issued: 16 February 2012
As a result of inquiries carried out under section 28 of the
Charities and Trustee Investment (Scotland) Act 2005, OSCR has
taken action to protect the assets of the Candy Kids Appeal
Trust. For further information, read the report.
Download
the full section 33 report.
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Charity: Royal
Zoological Society of Scotland
Date issued: 14 February 2012
OSCR has completed an inquiry under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005 (the 2005 Act).
Recognising the intense public interest in this charity we
determined that a report of OSCR's findings should be published.
The report outlines the reasons for our Inquiry as well as the
scope, full findings and conclusions. For further information read
the report.
Download
the full section 33 report.
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Organisation: The Zimbabwean Alliance for Human Rights
Ltd
Date issued: Updated report 20 February 2012
As a result of inquires made under the Charities and Trustee
Investment (Scotland) Act 2005 it appears to OSCR that The
Zimbabwean Alliance for Human Rights Ltd is representing itself as
a charity when it is not. OSCR issued three directions to The
Zimbabwean Alliance for Human Rights Ltd, its Company Director and
its Company Secretary to stop representing The Zimbabwean Alliance
for Human Rights Ltd as a charity.
Download the full section 33 report.
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2009 - 2011
Charity: Shetland
Independent Ambulance Service
Date issued: 23 November 2011
As a result of inquiries under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act) it appears to
OSCR that Shetland Independent Ambulance Service does not meet the
charity test on the grounds that it is inactive and is not
fulfilling its charitable purposes or providing public benefit.
OSCR has therefore given notice of its intention to remove Shetland
Independent Ambulance Service from the Scottish Charity Register
under section 30(1)(b) of the 2005 Act. For further information see
the full section 33 report on Inquiry.
Download the full section 33
report.
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Charity:
Berwickshire Access Panel
Date issued: 23 November 2011
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that
Berwickshire Access Panel does not meet the charity test on the
grounds that it is inactive and is not fulfilling its charitable
purposes or providing public benefit. OSCR further considers that
public disbenefit has arisen, and is likely to continue, from
misconduct in the charity's administration. OSCR has
therefore given notice of its intention to remove Berwickshire
Access Panel from the Scottish Charity Register under Section
30(1)(b) of the 2005 Act. For further information read the full
section 33 report on Inquiry.
Download the full section 33
report.
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top
Charity:
Hutchesons Educational Trust
Date issued: 17 November 2011
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act), it appears
to OSCR that Hutchesons' Educational Trust did not comply with
section 7(1)(b) of the 2005 Act and so failed the charity test. A
direction was issued to the charity on 28 October 2008 and it has
now complied with that direction, and meets the charity test. For
further details see the full section 33 Report on Inquiry.
Download the full section 33 report.
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Charity: Lomond
School
Date issued: 17 November 2011
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act), it appeared
to OSCR that Lomond School Limited did not comply with section
7(1)(b) of the 2005 Act and so failed the charity test. A direction
was issued to the charity on 28 October 2008 and the charity has
now complied with the terms of that direction, and now meets the
charity test. For further details see the full section 33 Report on
Inquiry.
Download the full section 33 report.
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Charity:
Merchiston Castle School
Date issued: 17 November 2011
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act), it appears
to OSCR that Merchiston Castle School did not comply with section
7(1)(b) of the 2005 Act and so failed the charity test. A direction
was issued to the charity on 28 October 2008 and it has now
complied with that direction and meets the charity test. For
further details see the full section 33 Report on Inquiry.
Download
the full section 33 report.
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Charity: St
Leonards School
Date issued: 17 November 2011
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act), it appears
to OSCR that St Leonards School did not comply with section 7(1)(b)
of the 2005 Act and so failed the charity test. A direction was
issued to the charity on 28 October 2008 and it has now complied
with that direction and meets the charity test. For further details
see the full section 33 Report on Inquiry.
Download the full section 33 report.
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top
Charity: Projects for
Education Environment Culture Heritage P.E.E.C.H.
Date issued: 9 November 2011
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that
Projects for Education Environment Culture Heritage P.E.E.C.H. does
not meet the charity test on the grounds that it is inactive and is
not fulfilling its charitable purposes or providing public benefit.
OSCR has therefore given notice of its intention to remove Projects
for Education Environment Culture Heritage P.E.E.C.H. from the
Scottish Charity Register under Section 30(1)(b) of the 2005 Act.
For further information read the full report.
Download the
full section 33 report.
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Charity: AARO Charitable
Trust
Date issued: 7 November 2011
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that AARO
Charitable Trust does not meet the charity test on the grounds that
it is inactive and is not fulfilling its charitable purposes or
providing public benefit. OSCR has therefore given notice of its
intention to remove AARO Charitable Trust from the Scottish Charity
Register under Section 30(1)(b) of the 2005 Act. For further
information read the full report.
Download the
full section 33 report.
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Charity: Kurdish
Cultural Association - Scotland
Date issued: 7 November 2011
As a result of inquiries under section 29 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act) it appears to
OSCR that Kurdish Cultural Association does not meet the charity
test on the grounds that it is inactive and is not fulfilling its
charitable purposes or providing public benefit. OSCR has therefore
given notice of its intention to remove Kurdish Cultural
Association from the Scottish Charity register under section
30(1)(b) of the 2005 Act. For further information read the full
report.
Download the
full section 33 report.
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Charity:
Wanderers
Date issued: 7 November 2011
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that
Wanderers does not meet the charity test on the grounds that it is
inactive and is not fulfilling its charitable purposes or providing
public benefit. OSCR has therefore given notice of its intention to
remove Wanderers from the Scottish Charity Register under Section
30(1)(b) of the 2005 Act. For further information read the full
report.
Download the
full section 33 report.
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Charity:
Monkstadt Trust
Date issued: 7 November 2011
As a result of inquiries under section 29 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act) it appears to
OSCR that Monkstadt Trust does not meet the charity test on the
grounds that it is inactive and is not fulfilling its charitable
purposes or providing public benefit. OSCR has therefore given
notice of its intention to remove Monkstadt Trust from the Scottish
Charity register under section 30(1)(b) of the 2005 Act. For
further information read the full report.
Download the
full section 33 report.
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Charity: Cushnie
Chaos
Date issued: 7 November 2011
As a result of inquiries under section 29 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act) it appears to
OSCR that Cushnie Chaos does not meet the charity test on the
grounds that it is inactive and is not fulfilling its charitable
purposes or providing public benefit. OSCR has therefore given
notice of its intention to remove Cushnie Chaos from the Scottish
Charity register under section 30(1)(b) of the 2005 Act. For
further information read the full report.
Download the
full section 33 report.
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Charity:
Scalloway Public Hall Trust
Date issued: 9 September 2011
OSCR has completed an inquiry under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005 (the 2005 Act) into the
Scalloway Public Hall Trust (SC000577). Serious misconduct in the
administration of the charity was identified and we established
evidence to suggest that charitable funds had been misappropriated.
Criminal proceedings resulted in a former trustee pleading guilty
to a charge of embezzlement.
When the extent of the misconduct was identified OSCR took
action to safeguard the charity's assets and provided support to
the local community as they took steps to get the charity back on
track. For further details see the full section 33 Report on
Inquiry.
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full Section 33 Report
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Charity: Eilean
Eisdeal
Date issued: 31 August 2011
OSCR has completed its inquiry under section 28 of the Charities
and Trustee Investment (Scotland) Act 2005 (the 2005 Act) into
Eilean Eisdeal. In view of the range of concerns referred to
OSCR that appear to be related to the level of public confidence in
the charity, we determined that a report of OSCR's findings should
be published. The report outlines the reasons for our inquiry as
well as the scope, full findings and conclusions.
Download the
full Section 33 Report
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Charity: Pro Arte
Date Issued: 08 November 2010
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that Pro
Arte does not meet the charity test on the grounds that it is
inactive and is not fulfilling its charitable purposes or providing
public benefit. OSCR has therefore given notice of its intention to
remove Pro Arte from the Scottish Charity Register under Section
30(1)(b) of the 2005 Act. For further information read the full
report.
Download
the full Section 33 Report
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top
Charity: Feba
Sport And Leisure Limited
Date Issued: 15 October 2010
As a result of inquiries under Section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 it appears to OSCR that FEBA
Sport and Leisure no longer meets the charity test on the grounds
that it is unable to provide public benefit. OSCR has therefore
given notice of its intention to remove FEBA Sport and Leisure from
the Scottish Charity Register under Section 30(1)(b) of the 2005
Act. For further information read the full report.
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the full Section 33 Report
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Charity: The
Sick Kids Friends Foundation
Date Issued: 09 September 2010
OSCR has completed an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act). Recognising
the intense public interest in this charity we determined a report
of OSCR's findings should be published. The report outlines the
reasons for our Inquiry as well as the scope, full findings and
conclusions. For further information read the report.
Download the full Section 33 Report
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Charity: The Largo
Trust
Date Issued: 01 September 2009
As a result of an inquiry under section 28 of the Charities and
Trustee Investment (Scotland) Act 2005 (the 2005 Act), it appears
to OSCR that the Largo Trust no longer meets the charity test. OSCR
has therefore given notice of its intention to remove the Largo
Trust from the Scottish Charity Register under section 30(1)(b) of
the 2005 Act.
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the full Section 33 Report
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Charity:
Cantraybridge
Date Issued: 05 May 2009
After an inquiry under section 28 of the 2005 Act, OSCR, believing
there to have been misconduct and mismanagement in the
administration of the charity petitioned the Court of Session in
June 2008 to request the removal of Mr Alistair McGregor and Mrs
Joanna McGregor from management and control in the charity. Mr
& Mrs McGregor then offered an undertaking not to be involved
in the management or control of the charity and subsequently
resigned as directors and members of the charity. They also gave
certain undertakings to the charity. As a result of this action
OSCR agreed not to proceed with the Petition. To read the full
report click on the name of the charity above.
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the full Section 33 Report
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