F1Part 1Charities

Annotations:
Amendments (Textual)
F1

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

Chapter 6Charity accounts

Duty to keep accounts etc.

I145Failure to provide statement of account

1

This section applies where a charity fails, within such period as is specified in regulations under section 44(4), to send a copy of a statement of account to OSCR in pursuance of subsection (1)(d) of that section.

2

OSCR may, after notifying the charity of its intention to do so, appoint a suitably qualified person (an “appointed person”) to prepare such a statement of account.

3

An appointed person is entitled—

a

on giving reasonable notice, to enter premises occupied by the charity at all reasonable times,

b

to have access to, and take possession of, any document appearing to the appointed person to relate to the financial affairs of the charity, and

c

to require any charity trustee, or agent or employee, of the charity to give the person such assistance, information or explanation as the appointed person may reasonably require.

4

The charity trustees of the charity are personally liable jointly and severally for—

a

any costs incurred by OSCR in relation to the appointment of the appointed person, and

b

the expenses of the appointed person in performing that person's functions under this section.

5

The appointed person must—

a

send to OSCR the statement of account prepared in pursuance of subsection (2),

b

submit to OSCR a report on the affairs and accounting records of the charity, and

c

send a copy of the statement of account and report to each person appearing to the appointed person to be a charity trustee of the charity.

6

A person who, without reasonable excuse, refuses or fails to comply with a requirement of an appointed person under subsection (3) is guilty of an offence and liable on summary conviction to a fine not exceeding level 3 on the standard scale.