Response 399732628

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Section 1: Publishing annual reports and accounts in full for all charities on the Scottish Charity Register

1. On the Scottish Charity Register, should OSCR be able to publish charity annual reports and accounts in full for all charities?

Please select one item
Yes
No
Please explain your answer including any potential benefits/risks.
Its often public funds and in the interests of transparency I think charities should demonstrate how those are being used.

2. Do you think there is any information in charity annual reports and accounts that should not be published on the Scottish Charity Register?

Please select one item
Yes
No
Please say what information you think should not be published.
Things about individual staff member salaries etc and anything that would not adhere to GDPR.

3. Do you think charities should be allowed to apply for a dispensation (exemption) from having their annual reports and accounts published in full on the Scottish Charity Register?

Please select one item
Yes
No
Please explain your answer (e.g. in what circumstances do you think a dispensation (exemption) should be allowed? Why you think a dispensation (exemption) should not be allowed?)
I cant think of any reason why a charity would or should need to?

Section 2: An internal database and external register of charity trustees

4. Should OSCR be able to collect the trustee information noted above for use in an internal database?

Please select one item
Yes
No

5. Should the names of trustees be published on the external public register?

Please select one item
Yes
No

6. Should the names of trustees who have been removed following an inquiry by OSCR, be published on the external public register?

Please select one item
Yes
No

7. Do you think trustees should be allowed to apply for a dispensation (exemption) from having their name published on the external public register?

Please select one item
Yes
No
Please explain answer (e.g. in what circumstances do you think a dispensation (exemption) should be allowed? Why you think a dispensation (exemption) should not be allowed?)
If a Trustee's name has been removed I think it would be helpful for other charities to know that should that Trustee express an interest in them.

It is important that charities have a robust recruitment policy for Trustees as it forms part of good governance.

If you wish to explain any of your responses to the questions in Section 2, please do so. (e.g. setting out what information you think should be / should not be included on an internal database and external public register, and what you see as the benefits and risks of each proposal)

If someone wants to become a Trustee and have responsibility for governing an organisation this requires a level of personal confidence and the ability to represent that organisation, its puzzling why they would be reluctant to have basic details on a register.

The register could be developed in future and used as a way of organisations attracting Trustees ( which can be very challenging) e.g. before registering the Trustee could be asked " are you willing to consider being contacted by other organisations - yes/no?"

Section 3: Criteria for automatic disqualification of charity trustees and individuals employed in senior management positions in charities

8. Should the criteria for disqualification and removal of charity trustees be extended to match the criteria in England and Wales?

Please select one item
Yes
No

9. Should the criteria for disqualification and removal also be extended to those in certain senior management positions?

Please select one item
Yes
No

If you wish to explain your responses to any of the questions in Section 3, please do so. (e.g. why you think yes, why you think no, what criteria for disqualification and removal should / should not be included, are there additional criteria you think should be included):

My answer is no, simply because I don't feel I have enough knowledge to give an informed response. That said, I feel that aspects of the criteria relating to employed senior management should be dealt with at individual organisation level but of course would need to be reflected in the employment policy e.g. if the manager of a small local charity became bankrupt, they would lose their job? It seems counter productive?

Section 4: A power to issue positive directions to charities

10. Should OSCR be given a power to issue positive directions?

Please select one item
Yes
No

11. If you answered Yes to question 10, should a power to issue positive directions be wide ranging or a specific power?

Please select one item
Wide ranging
A specific power

12. If a charity failed to comply with a positive direction that OSCR had issued, should this be classed as trustee misconduct?

Please select one item
Yes
No

If you wish to explain your responses to any of the questions in Section 4, please do so. (e.g. why you think yes, why you think no, why you think a positive direction should be wide ranging or a specific power, what should a specific power include?)

I think yes to Q10 as it is important for ensuring good governance and should be seen by Trustees as a supportive measure from OSCR.

I think no to Q12 only because its not clear what "a enforcement action would be taken against the charity or trustees" would be - an example of this would have been helpful?

Also some things might be easier applied in theory than in practice e.g. directing a charity to appoint more Trustees? The charity may well be willing but simply unable to do so - what then?

This may be where the register could have additional benefits. Perhaps other Trustees who have indicated willingness could be approached?

Section 5: Removal of charities from the Scottish Charity Register that are persistently failing to submit annual reports and accounts and may no longer exist

13. Should OSCR be able to remove charities from the Scottish Charity Register if they have persistently failed to submit annual reports and accounts?

Please select one item
Yes
No

14. Should OSCR be given a positive power of direction to direct a charity to prepare annual reports and accounts?

Please select one item
Yes
No

15. If a charity failed to comply with a positive direction to prepare annual reports and accounts, do you think this should be classed as trustee misconduct?

Please select one item
Yes
No

If you wish to explain your responses to any of the questions in Section 5, please do so. (e.g. why you think yes and why you think no to the questions and what you see as the benefits and risks of each proposal)

For the reasons I gave previously. Very often public funds and there should be more transparency about how they are being used.

Section 6: All charities in the Scottish Charity Register to have and retain a connection in Scotland

17. Should all charities registered in Scotland be required to have and retain a connection with Scotland?

Please select one item
Yes
No

Section 7: Inquiries into the former charity trustees of bodies which have ceased to exist and bodies which are no longer charities

18. Should OSCR be able to make inquiries into former trustees of a body which is no longer a charity, a charity which has ceased to exist and individuals who were in management and control of a body which is no longer controlled by a charity?

Please select one item
Yes
No
Please explain your answer.
I think OSCRs decision making needs to be evidenced based and having this kind of information is important to making decisions and taking action - or not as the case may be.

Section 8: De-registered charities’ assets and public benefit

19. Should bodies that have de-registered as charities be required to continue to use the assets held at the time of removal from the Scottish Charity Register to provide public benefit?

Please select one item
Yes
No
Please explain your answer.
Need more information about how this would work in practice and be regulated? In principal I agree

Section 9: The speed and efficiency of OSCR’s powers to gather information when making inquiries

20. Should OSCR be given the power to give the required notice of a request for information to a body or individual that is misrepresenting themselves as a charity, that is no longer charity, and to former trustees of a charity which has ceased to exist?

Please select one item
Yes
No

21. Should it be clarified that the notice periods to charities that are subject to a request for information can overlap?

Please select one item
Yes
No

Section 10: The reorganisation of charities established under royal charter, warrant or enactment

22. Should the legislation be clarified to make clear whether OSCR can approve reorganisation schemes for certain charities that have been established by royal charter, warrant or enactment?

Please select one item
Yes
No

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation