Saturday 5 April 2014

Highland Titles Charitable Trust For Scotland Misleading Says Scottish Charity Regulator

Fresh from the revelations by the Advertising Standards Authority that advertising about Scottish titles by Highland Titles is misleading, now the Office of the Scottish Charity Regulator has found the Highland Titles Charitable Trust For Scotland to be misleading. Not only that, but the judgement also claims that Highland Titles Ltd was thought to be falsely presenting themselves as a charity in December 2012.
“On 3rd April 2014, OSCR issued a direction under Section 31(5) of the 2005 Act requiring Mr Peter Bevis to stop representing the ‘The Highland Titles Charitable Trust for Scotland’ as a charity registered in Scotland."
The story starts here:

http://www.oscr.org.uk/news-and-events/latest-news/highland-titles-charitable-trust-for-scotland/

The full judgement can be seen in pdf format here:

http://www.oscr.org.uk/media/472678/2014-04-03_s33_report_the_highland_titles_charitable_trust_for_scotland.pdf
"As a result of inquiries made under section 28 of the Charities and Trustee Investment (Scotland) Act 2005 (the 2005 Act) it appears to OSCR that a body known as The Highland Titles Charitable Trust for Scotland has been misrepresenting itself as a charity in Scotland."
We can see from the judgement that Highland Titles were thought in the past by OSCR, to be misrepresenting Highland Titles Ltd (a full for profit limited company) as a charity.
"OSCR initially received a complaint in December 2012 alleging that a body known as Highland Titles was misrepresenting itself as a Scottish charity. On receipt OSCR took action to warn Mr Peter Bevis that this was misrepresentation and should be amended."
 Some quotations from the judgement:
"In Addition, although the organisation is registered in another jurisdiction OSCR takes the view that where a body carries out activities in any office, shop or similar premises in Scotland, the 2005 Act provides that it may not represent itself as a charity even where it is registered as such under the law of another country.

It is not therefore entitled to refer to itself as a "charity" or "Scottish charity" or to use in its name words which imply such a status."
The Highland Titles Charitable Trust for Scotland is registered in Guernsey, and as such is completely and utterly unaccountable, not required to reveal anything about its activities other than the name and address. They should not be representing themselves in any way as a Scottish charity.
"A person, who without reasonable excuse refuses or fails to comply with a direction under section 31(5) of the 2005 Act is guilty of an offence and is liable on summary conviction to a fine not exceeding level 5 on the standard scale (currently £5000) or imprisonment for a period not exceeding 6 months or to both."
Feel free to report anywhere you seen this charity representing itself as a Scottish charity, to the Office of the Scottish Charity Regulator. info@oscr.org.uk 

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