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Regulator directs charity not to part with assets ‘without its consent’

28 Nov 2023 News

OSCR

A charity has been directed not to spend any of its assets without consent from the regulator, an interim inquiry report shows.

The Scottish Charity Regulator (OSCR) opened an inquiry into the AK McCosh Trust for Coulter Church in April 2023 after receiving concerns that the church no longer remained a place of Christian worship. 

OSCR tried to engage with the charity, but at the time of publishing the report it had been unable to determine whether the church remains a place for Christian worship. 

“We also have concerns regarding the governance of the charity,” a statement from the Scottish regulator adds.

As part of the inquiry work so far, OSCR has told the charity that it needs the regulator's permission to spend any assets.

The regulator states: “OSCR considers it appropriate to safeguard the assets of the charity whilst our inquiries are ongoing by directing the charity not to part with its assets without OSCR’s consent. 

“Our inquiries are ongoing, this direction does not pre-empt the outcome of those inquiries. This direction is valid for six months and expires on 23 May 2024.”

OSCR needs to undertake further inquiries to determine whether the charity is providing public benefit in furtherance of its charitable purposes and to consider the charity’s governance. 

The regulator’s website reports that the charity failed to provide all of the information on its finances by its annual submission deadline. Documents are 1,733 days overdue.

Civil Society was not able to contact the charity for comment.

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