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Making an Appeal


The Charities and Trustee Investment (Scotland) Act 2005  gives the Scottish Charity Regulator (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.

This First-tier Tribunal is the appellant body and appeals are heard by the Charity Appeals jurisdiction of the General Regulatory Chamber.

OSCR's Decisions

When the Scottish Charity Regulator (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 can  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 the First-tier Tribunal.

Making an Appeal to the First-tier Tribunal

An appeal can only be made where Charities and Trustee Investment (Scotland) Act 2005 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 o the First-tier Tribunal.

Timescale
An appeal must be made within 28 days of the confirmation of the decision by OSCR. The General Regulatory Chamber Secretariat must receive a Notice of Appeal within that time.

Notice of Appeal Form
You can download the form Charity appeals notice of appeal letter