Response 44785565

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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.
All charities must provide their accounts anyway and it would give the public more trust and redacted accounts don't do that.

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 Do you think there is any information in charity annual reports and accounts that should not be published on the Scottish Charity Register?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Please say what information you think should not be published.
No all information should be published. Keep it transparent.

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?)
No, this poses more questions. Who decides who is exempt and who isn't. Who will monitor this. All charities should be open and transparent.

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?)
Again this would be difficult to monitor and what criteria would be set.

However given that some organisations work with 'survivors' and they may be at risk if their personal details are published then this could be discussed.

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)

Given that companies house publish this and some charities and companies limited by guarantee then I don't understand why OSCR do not have the same powers. I would have more trust in an organisation if all details were published.

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):

Scottish Charities should not be behind the times, criteria should mirror those in England and Wales. As it stands it may seem that Scottish Charities aren't as professional as other parts of the country as they don't meet the high standards of other areas.

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?)

Putting a specific power could be tricky as some issues that arise within charities may need more than a set specific power.

Allowing OSCR to have wider controls would be more beneficial.

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)

Charity trustees should be held accountable. if charities are not complying then yes they should be removed. They cannot have the benefits of being a charity and not comply with the rules. This brings also adds to the distrust of charities.

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
Please explain your answer.
Charities should have a base in Scotland and benefit Scotland.

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.
This will stop former trustees who have potentially or could potentially bring another charity into disrepute.

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

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
Please explain your answer.
Again this will help ensure that people know what is a charity and what isn't.

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

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(Required)
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