OSCR have provided feedback on our proposed constitution and have requested the following amendment:
Clause 4.4 - The analogous purpose exists in charity law to enable OSCR to recognise new charitable purposes over time that we recognise as being analogous to any of the other purposes in the 2005 Act. OSCR’s Meeting the Charity Test states that this is not a freestanding purpose on its own, nor is it a catch all to allow charities to pursue any other purpose that they may feel is relevant. It is for us to decide if a particular purpose is analogous to one of the other 15 charitable purposes set out in the 2005 Act. Please refer to link for further information - OSCR | (p) any other purpose that may reasonably be regarded as analogous to any of the preceding purposes..
The offending clause 4.4 (struck out below) will be removed:
Definition Of Community And Purposes
4. The Organisation has been formed to benefit the community involving residents of Dunning and the surrounding areas - as defined within the Dunning Community Council Boundary (the “Community”), with the following purposes:
4.1 The advancement of citizenship or community development.
4.2 The advancement of the arts, heritage, culture or science.
4.3 The provision of recreational facilities, or the organisation of recreational activities, with the object of improving the conditions of life for the persons for whom the facilities or activities are primarily intended.
4.4 Any other purpose that may reasonably be regarded as analogous to any of the preceding purposes.
The amended constitution is attached. The change has been provisionally approved by the trustees and will be recorded in the minutes of the DHG Trustee Meeting to be held next week (20 Nov 24).
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