Appeals and Guidance
The Appeals Process
The Act gives OSCR a number of powers to regulate charitable activity in Scotland. Most decisions made by OSCR, or a body to which OSCR’s powers have been delegated, are open to review and appeal.
SCAP is the appellant body and deals with a major part of the appeals process.
When OSCR makes a decision, it will notify the party concerned. In the decision letter OSCR will inform that party of its right to seek a review of the decision within 21 days of having received it.
OSCR will complete the review within 21 days of the party’s request for a review. OSCR will confirm, vary, reverse or revoke the original decision. Only when a decision has been confirmed at the review stage can it then be appealed to SCAP.
Making an Appeal
An appeal can only be made where the Act allows it. Section 71 of the Act lists the decisions that can be appealed. When a party receives its review letter from OSCR, it will clearly state whether or not a right of appeal exists.
An appeal must be made within 28 days of the confirmation of the decision by OSCR. The SCAP Secretariat must receive a Notice of Appeal within that time.
Notice of Appeal Form
Download a Notice of Appeal form for you to complete:
Notice of Appeal.doc [MS WORD - 82KB]
Processing an Appeal
Within 14 days of receiving the completed Notice of Appeal, the Secretariat will enter the details of the appeal in the Register of Appeals. The Secretariat will also send an acknowledgement to the appellant. This will give them the case number of the appeal and a date by which they may submit written statements to the Panel and copies of all the documentation that were provided to OSCR to allow them to review the decision being appealed. This date will be not more than 28 days after the date of acknowledgement of the Notice of Appeal.
The Secretariat will give the same information to OSCR at the same time and will give OSCR a date by which it may make representations to the Panel and send an authenticated copy of its decision to the Panel. This date will be not more than 42 days after the date of acknowledgement of the Notice of Appeal.
The Secretariat will send, as soon as possible after receipt, a copy of documentation submitted to the Panel by OSCR. Likewise OSCR will receive a copy of the appellant’s documentation.
The Secretariat will also ask the appellant and OSCR about suitable dates for a hearing of the appeal.
Withdrawing an Appeal
The appellant may withdraw their appeal at any time in writing. Once withdrawn, no further appeal may be made in relation to the same decision.
Notice of Hearing
At least 14 days before the date fixed for a hearing, the Secretariat will send to the appellant and to OSCR a Notice of Hearing. This will give the date, time and place of the hearing, who the Panel members will be and will provide information on what will happen at a hearing.
The Panel may alter the date of the hearing but, except in exceptional circumstances, would give at least 14 days notice of this to the parties.
Attending the Hearing
The Notice of Hearing will also give the appellant and OSCR a date by which they must tell the Secretariat whether or not they will attend or be represented at the hearing.
If either party is not going to attend the hearing nor be represented, the Secretariat will let them know a date by which they can send written statements to be considered at the hearing.
If both parties say they will not attend nor be represented, the Panel will decide the appeal after the date for receipt of written statements.
At any stage of the process the Panel may direct either party to provide further information or to do anything else to assist the Panel in reaching its decision. Either party can ask the Panel to make a direction of this sort. Such a request must be made to the Secretariat in writing and giving full reasons for the request at least 7 days before the date on which the hearing is to take place.
The Panel will give its decision on the appeal at the end of the hearing or within 21 days of it. The decision will be published online in the Register of Appeals page.