Response 470227323

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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.
This will provide easier, direct access to information that is publicly available by a slower, individual, person request to the charity.

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 Do you think there is any information in charity annual reports and accounts that should not be published on the Scottish Charity Register?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

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

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?)
But on an extremely limited number of criteria.
Typically, if there are valid personal or state security reasons.
Applications for dispensation should be reviewed and agreed at OSCR director level.
Similarly, applications to OSR to disclose the excepted trustees name should be permitted under specified circumstance: again, reviewed and agreed or denied (with reasons disclosed) at OSCR director level.

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)

see above

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):

Logical and proportionate extension of OSR powers

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?)

Re 11. I feel 'broad' rather than wide-ranging would be a better description to use here. Broad, in as much as if OSCR tries to list specific powers at this review, then the list would need continual review and revision. If specified reasonably broadly, this simplifies being able to specify the desired outcomes likely from the wide variety of charitable objectives under scrutiny.

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)

nil

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.
But this needs much further detail on what OSCR would be attempting to achieve by regulating this facet.
What if a charity:
- is physically based in Scotland but provides support in Scotland and other countries?
- is physically based in another country but provides support in Scotland?
- has trustees not in Scotland, but a physicl presence or activities in Scotland.

This needs more detail before consultees can provide more reasoned responses.

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.
Because illegalities or non-compliance may only be exposed after the closure or demise of a charity.

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.
To avoid a pre-planned misapplication of funds of a defunct charity.

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.
A valid tightening of regulation that should help deter non-compliance.

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
Please explain your answer.
But in this review, try to align better the differing deadlines or timescales.

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
Please explain your answer.
To simplify such matters and modernise this aspect of charity regulation.

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation