Statutory Instruments of the Scottish Parliament

"the Act" means the Charities and Trustee Investment (Scotland) Act 2005;

"appellant" means a person who appeals to the Panel under section 76 of the Act;

"Chair" means the person appointed by Scottish Ministers under paragraph 1(4) of schedule 2 of the Act, to be the Chair of the Panel;

"decision" means a decision of OSCR referred to in section 76(1) of the Act unless the context requires otherwise;

"direction" means any order or other determination by a Panel other than a decision;

"hearing" means a sitting of the Panel for the purpose of enabling the Panel to take a decision on an appeal or on any question or matter at which the parties are entitled to attend and be heard;

"OSCR" has the meaning given in section 1 of the Act;

"Panel" means the Scottish Charity Appeals Panel constituted under section 75 of the Act;

"register" means the register of appeals and decisions kept in accordance with rule 20; and

"Secretary" means the person who provides administrative support to the Panel and includes any person assisting in providing that support.

(a) the name and address of the appellant;

(b) the date and, if known, the reference number of the decision against which the appeal is made;

(c) the name and address of the representative of the appellant (if any) and whether any notice or other correspondence which is required, by these Rules, to be sent to the appellant should be sent to the representative instead of the appellant;

(d) a brief statement setting out the reasons for the appeal; and

(e) a statement that the notice is a notice of appeal.

(a) the date, time and place of the hearing;

(b) the members of the Panel; and

(c) the manner and order of proceeding, having regard to any applicable burden and standard of proof and rules of evidence.

    (4) The notice of hearing should, where appropriate–

(a) provide information and guidance as to attendance at the hearing of the parties and witnesses, the bringing of documents, the right of representation or assistance by another person and the procedure applicable to the hearing, having regard to any applicable rules of evidence and burden and standard of proof;

(b) explain the right of the parties to receive reasons in writing for a decision of the Panel;

(c) explain the possible advantages of attendance, consequences of non-attendance, and the right of the appellant and of OSCR, if not present and not represented, to make representations in writing; and

(d) specify the date by which the appellant and OSCR must inform the Panel whether or not they intend to be present or represented at the hearing, and that date must not be later than 7 days before the hearing.

(a) be recorded as soon as possible in a decision document which must also contain a statement of the reasons in full form for the decision; and

(b) be signed by the Chair and dated.

    (5) The Secretary must send a copy of the decision to each party to the appeal together with a notice explaining the rights of the parties to appeal the decision of the Panel to the Court of Session under section 78 of the Act.

    (6) Except where a decision is announced at the end of the hearing, it shall be treated as having been made on the date on which the Chair signs the decision.

    (7) The Panel may direct that particulars of a decision relating to–

(a) evidence heard before the Panel in private;

(b) evidence which refers to intimate personal or financial circumstances;

(c) evidence which is considered to be commercially sensitive;

(d) evidence which consists of confidential communication; or

(e) any other matter as the Panel considers appropriate for the protection of parties;

     must be excluded from publication in terms of rule 19 and from inspection in the register in terms of rule 20.

(a) against the appellant (including an appellant who has withdrawn an appeal) if it is of the opinion that the appellant has acted vexatiously or that the conduct of the appellant in making or pursuing an appeal was unreasonable;

(b) against OSCR where it considers that the decision against which the appeal is made was unreasonable;

(c) as respects any expenses incurred, or any allowances paid, as a result of a postponement or adjournment of a hearing at the request of either the appellant or OSCR; or

(d) as respects any expenses incurred as a consequence of the late amendment of reasons for an appeal or reply.

    (2) No order may be made under paragraph (1) against the appellant or OSCR without first providing an opportunity of making representations against the making of the order.

    (3) An order under paragraph (1) shall require the party against whom it is made to pay the other party either –

(a) a specified sum in respect of the expenses incurred by that other party in connection with the proceedings; or

(b) the whole or part of those expenses, on a scale appropriate to ordinary cause actions in the sheriff court, as assessed by the auditor of the sheriff court unless otherwise agreed between the parties.