Consultation on Scottish Charity Law

Closed 1 Apr 2019

Opened 7 Jan 2019

Feedback Updated 3 Jul 2019

We Asked

We asked for views on potential improvements to the statutory charity regulation framework in Scotland, in light of proposals put forward by the Scottish Charity Regulator (OSCR) and the passage of time since the 2005 Act.

The proposals broadly focussed on improvements to charity law that would increase transparency and accountability in order to maintain public trust and confidence in charities and OSCR.

You Said

We received 307 responses to the consultation from a range of individuals, charitable organisations and others with an interest in charity law. 

The majority of respondents supported the proposals in the consultation, however the analysis report makes clear that more policy development work and stakeholder engagement is required before we could bring forward any legislative changes.

Further formal consultation is also required with the Information Commissioner’s Office, as a number of the proposals impact on data protection.

We Did

We have published the responses that gave permission and an analysis of the consultation responses.

We will fully consider all the points raised, including engaging with those who called for wider changes to the regulation. Collaborative work with the third sector and other key stakeholders will continue as we develop and refine the proposals.

We will also work with OSCR to establish a working group to address outstanding issues with The Scottish Charitable Incorporated Organisations (Removal from the Register and Dissolution) Regulations 2011.  We will look to bring forward amendment regulations in this session to preserve public trust in the SCIO model.

Published Responses

View submitted responses where consent has been given to publish the response.

Overview

This consultation seeks views on potential improvements to the statutory charity regulation framework in Scotland, in light of proposals put forward by the Scottish Charity Regulator (OSCR).

The proposals broadly focus on improvements to charity law that would increase transparency and accountability in order to maintain public trust and confidence in charities and OSCR.

Why We Are Consulting

It has been 17 years since the Scottish Charity Law Review Commission (the ‘McFadden report’) proposed establishing a new regulator for Scotland and more than 13 years since the passage of the Charities and Trustee Investment (Scotland) Act 2005 which forms the basis of the legislative framework for charities in Scotland.

Given the passage of time since the Act was passed, and the changing environment that charities are operating in, we feel the time is right to check how well the current arrangements are working and explore potential improvements.

We are seeking views from members of the public, the charity sector, and anyone with an interest in charity law. We want to learn from the sector’s expertise and experience and hear first-hand about what really makes an impact on levels of public trust and confidence.

Following the consultation we will analyse the evidence and consider what options are available to us.

Read the consultation paper.

Interests

  • Communities and Third Sector