Commentary on Provisions The schedule Paragraph 2 – Duty to review Register
126.Section 3(6) of the 2005 Act originally placed a duty on OSCR to review each entry in the Register from time to time. In addition, if (whether as a result of such a review or otherwise) OSCR considered any information set out in a charity’s entry to be inaccurate, it had to amend the entry and notify the charity accordingly.
127.As at the time of publication of these notes (August 2023), there are in excess of 25,000 charities on the Register. This paragraph of the Act’s schedule amends section 3(6) so that OSCR is permitted, but no longer required, to review every entry in the Register from time to time. This will allow OSCR, in line with its duty under section 1(9) of the 2005 Act, to focus the checks that it carries out so as to ensure that they are proportionate, targeted at cases in which action is needed, and in line with best regulatory practice. However, where OSCR considers any information in a charity’s entry in the Register to be inaccurate, OSCR will continue to be under a duty to amend it.