Reports
Any person who has been removed from being concerned in the management and control of a charity or body by the Court of Session is entered into the Record of Removed Persons. Those individuals are disqualified from serving as charity trustees in Scotland unless they have a waiver of disqualification.
This list will help charities carry out due diligence on prospective new trustees. However, it is important to know that someone who is not on it can still be disqualified from being a charity trustee. In addition to being permanently disqualified by the Court of Session, someone can also be disqualified for:
- having an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005
- being an undischarged bankrupt or having a Protected Trust Deed
- being removed under either Scottish or English Law or the courts from being a charity trustee
- being disqualified from being a company director.
Charities should always check if a trustee is eligible to take up the position before they start and should regularly review the disqualification criteria against its existing trustees.
Inquiry reports
Under section 33 of the Charities and Trustee Investment (Scotland) Act 2005, we must report on the subject of the inquiries we make under certain circumstances. You may see these referred to as ‘section 33 reports’. We can also choose to publish a report on other inquiries, for example if an individual case offers useful lessons for the wider sector.
Learning from OSCR’s inquiries
We have produced a series of reports focusing on the common themes we have seen in some of the inquiry cases we have dealt with recently. In these reports, we identify several common themes and lessons that charities, and those who work with charities, can learn from to help improve their governance and avoid potential problems.
OSCR’s work
We also publish reports about important topics or common themes we see in our work with Scottish charities. This allows us to identify areas where charities may need additional support and guidance.