Response 857330143

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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.
Open access will ensure transparency, accountability and improve Trust as many Trustees hide behind privacy legislation.

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 Do you think there is any information in charity annual reports and accounts that should not be published on the Scottish Charity Register?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Please say what information you think should not be published.
Signatures & Personal Addresses

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?)
If people wish to take responsibility for a charity they should be prepared to have the information in the public domain.

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?)
Tansparency and accountability is ultimately the goal and therefore dispensations should not be allowed.

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

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

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

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.
it would mean that charities established under the law of a country or territory other than Scotland, which are managed or controlled wholly or mainly out with Scotland, do not occupy land or premises in Scotland and do not carry out activities in any shop or similar premises in Scotland, would no longer be able to be entered on the Register.

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.
It means OSCR would have the power to make inquiries into a body which is no longer a charity, a body which is no longer controlled by a charity or a charity which has ceased to exist at any time, to allow them to gather the necessary evidence to make an application for permanent disqualification to the Court of Session.

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.
It would require bodies that have de-registered as charities to continue to use the assets held at the time of removal from the Register to provide public benefit.

This could increase public trust as it would guarantee that any funds or assets that have been donated to a charity must continue to be used to for public rather than private benefit, even if the charity de-registers

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.
OSCR should be given the power to give notice of request of information to all involved to ensure a fair and reasonable process is implemented and I agree that clarity on the legislation is required

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.
I agree that the notice periods should overlap to ensure that OSCR has access to the information it requires more timeously which benefits everyone and is more resource efficient.

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.
It would be more timeous and resource efficient

About you

Are you responding as an individual or an organisation?

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(Required)
Individual
Organisation