Inquiry Reports

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:

Charity: Shetland Charitable Trust, Date issued: 30 April 2012.
Organisation: The Zimbabwean Alliance for Human Rights Ltd, Date issued: Update 20 February 2012
Charity: HICA Help and Improvement of Children in Africa, date issued: 16 February 2012.
Charity: Candy Kids Appeal Trust, date issued: 16 February 2012.
Charity: Royal Zoological Society of Scotland, date issued: 14 February 2012.


Charity: Shetland Independent Ambulance Service, Date issued: 23 November 2011
Charity: Berwickshire Access Panel, date issued: 23 November 2011
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
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

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.

Download the full section 33 report.

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.

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.

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.

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.

 

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.

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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.

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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.

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.

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.

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.

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.

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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.

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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.

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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.

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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.

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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.

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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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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.

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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.

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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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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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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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