REFORM UK’s leader in Scotland has bizarrely claimed there is “no investigation” into his charity despite a watchdog finding it has broken the law.
Malcolm Offord was challenged by reporters at Holyrood on Thursday after the Office of the Scottish Charity Regulation (OSCR) found that his Badenoch Trust – into which he has said his MSP salary will be paid – had breached the law by failing to register in Scotland.
The Badenoch Trust is registered with the Charity Commission for England and Wales, but operates from and within Scotland, meaning it legally must register with the OSCR.
Challenged on the findings, Offord initially said: “There is no investigation.”
Told that there was, in fact, an investigation and that it had found his trust was in breach of the law, Offord responded only: “No comment.”
Under the Charities and Trustee Investment (Scotland) Act 2005, all organisations that represent themselves as charities in Scotland must register with the OSCR.
The Badenoch Trust does not meet these requirements despite being "managed and controlled mainly in Scotland and carries out ongoing administrative activities from premises in Scotland", Third Force News reported that the OSCR found.
The inquiry remains open while the trust is given an opportunity to resolve the law breach, and is expected to register with the OSCR.
An OSCR spokesperson told Third Force News: “Based on the information the Badenoch Trust has provided to OSCR, it appears that the charity is managed and controlled mainly in Scotland and carries out ongoing administrative activities from premises in Scotland.
“As such, the charity meets the criteria for registration with the OSCR.
“In these circumstances, we have advised the charity to apply to register with OSCR at the earliest opportunity. Further guidance on cross-border charity regulation, including how to apply, can be found on the OSCR website.”
After the OSCR found Offord’s trust was breaking the law, Scottish Labour deputy leader Jackie Baillie said: “These serious reports demand urgent answers from Lord Offord.
“We need to know how and why this law-breaking occurred, what Lord Offord knew and when, and whether he is still planning to hand his MSP salary to his scandal-hit charity.
“Whether this is incompetence or something worse, it is yet more proof that Malcolm Offord can’t be trusted.
“Lord Offord and Reform can’t even get their own house in order – they have no chance of delivering for Scotland.”
