Commentary on Provisions The schedule Paragraph 20 – Notices
204.Section 100 of the 2005 Act deals with the service of formal communications. This primarily covers certain communications which OSCR and a charity it regulates will have with each other. Subsection (4) provides for a number of ways by which a formal communication can be given. However, in relation to service by post on a charity, it is limited to service at the address set out for the charity in its Register entry.
205.This paragraph of the Act’s schedule expands what is allowed. Where OSCR has cause to believe that using this address will not cause the formal communication to be received (for example, because a previous formal communication has been returned as undeliverable), subsection (5B) provides that the communication may also be sent to a different address which OSCR considers is likely to cause the communication to be received by the charity or a charity trustee. That is, OSCR continues to have the option of using, for example, email communication instead under subsection (4)(c), and subsection (5B) is simply providing an additional option which OSCR may also use. However, where subsection (5B) is used, that is sufficient on its own to effect service – it does not need to be done in addition to a method set out in subsection (4).
206.In practice, it is likely that the schedule of trustees provided for by section 3 of the Act will include charity trustees’ addresses and this will probably be the first port of call for OSCR when OSCR has reason to believe that the charity has moved principal office without giving notice of this as required under section 17 of the 2005 Act. However, it would also be open to OSCR to use, for example, an address which appears from internet searches or other investigations to be the address from which the charity is now opening. It remains the case though that registered or recorded delivery mail has to be used.
207.The means of serving a notice by OSCR are further expanded for certain notices. This applies where OSCR has reason to believe that service by post will not work (for example, because OSCR has previously tried to post things to the address on the Register/its internal schedule of trustees and things have been returned as undeliverable), and OSCR considers that, based on the contact details it has, it is not reasonably practicable to serve the notice in person or by some other means such as email (for example, because OSCR does not hold an email address for the charity/trustees at all or because any emails sent are returned as undeliverable). In such cases, OSCR will be able to serve specified notices by such means as it considers appropriate. This could be done by publishing the notice on OSCR’s website or by publishing it in a newspaper. This applies to the following notices—
	notice to a charity under section 45A(2) that OSCR intends to remove it from the Register for failure to submit accounts and failing to respond to OSCR’s communications about that failure,
	notice to a charity that, having had no response from it in 3 months following the notice above, OSCR intends to proceed with removing the charity from the Register under section 45A(3),
	notice to a charity/body that a third party must provide information under section 29(1) for an inquiry into the charity/body,
	notice to a charity/body that a financial institution etc. is being directed not to part with the organisation’s property under section 31(7) or (9) without OSCR’s consent,
	notice to charity trustees that OSCR intends to appoint an interim trustee under section 70A(1) or (2)(c).
208.All of these notices concern cases where the action being taken is one which it would still be appropriate to take even if the charity/body itself cannot be contacted directly. The provision is aimed at ensuring that OSCR is not prevented from taking action (for example to protect charitable property) in such circumstances. The provision ensures that efforts are made to bring it to the attention of the charity/ body to the extent possible.