Proposal 1 – Publishing annual reports and accounts in full for all charities on the Scottish Charity Register
1. In what circumstances should there be a dispensation to full annual reports and accounts publication?
Please explain your view.
I can't think of any exceptional circumstances where full annual accounts and reports would not be published. A member of the public can contact the charity and ask for a set of accounts.
2. If dispensations are made, should some form of annual reports and accounts always be published, for example in a redacted or abbreviated form?
Please explain your view.
Yes. But reiterate, why would this be necessary?
Proposal 2 – An internal database and external register of charity trustees
1. What information should be included in an internal database?
Please explain your view.
Name, DOB, address, email, profession. List of disqualified trustees.
2. How should the internal database information be kept up to date?
Please explain your view.
An annual return by charities with up to date information.
3. What information should be included in a public list of charity trustees?
Please explain your view.
Name, address of charity and charity generic email address.
4. In what circumstances should there be an exception to being included in a public list?
Please explain your view.
If for any reason it may be unsafe for a trustee's name to be in the public domain. For example, risk of violence or abuse.
5. How long should a disqualified trustee remain on the list?
Please explain your view.
As long as the disqualification term, if they can never be a trustee then it should remain on the list.
6. What information should be available in the disqualified trustee list?
Please explain your view.
Name, charity the trustee has been disqualified from.
Proposal 3 – Criteria for automatic disqualification of charity trustees and individuals in senior management positions in charities
1. What factors should be considered in defining a ‘senior manager’?
Please explain your view.
Budget responsibility, strategy responsibility, recognised internally as a senior manager, responsible for leading the charity.
Proposal 4 – A power to issue positive directions to charities
1. If a positive power of direction were to be specific, what areas should be subject to the power, or are there any areas that should not fall within the power?
Please explain your view.
Governance in its fullest capacity is where there is the highest incidence of misinterpretation and charities making bad decisions and trustees not being aware of their full responsibilities. Money mismanagement.
I think the delivery of services is covered by other bodies, where this is not the case OSCR should have the power to ensure charities are adhering to their Articles of Association.
I think the delivery of services is covered by other bodies, where this is not the case OSCR should have the power to ensure charities are adhering to their Articles of Association.
2. How long should a charity have to comply? What should be the consequences of non-compliance with a positive direction?
Please explain your view.
This would depend on the non-compliance. I think the Board of Trustees would have some action taken against them, perhaps expelling the Chair or another Board member or the whole Board. The charity would have to comply until the OSCR had satisfied themselves that the positive direction had happened.
Proposal 5 – Removal of Charities from the Scottish Register that are persistently failing to submit annual reports and accounts and may no longer exist
1. What factors need to be considered to define ‘persistent’ failure to submit annual reports and accounts?
Please explain your view.
All charities are required to submit accounts. I see no reason why failing to do so once should be allowed, but certainly, if it happens again. That is twice.
2. What steps should the Scottish Charity Regulator (OSCR) take prior to a decision to remove? Should a positive direction to provide accounts always be required first?
Please explain your view.
A notification should be sent detailing if accounts are not received within 28days, the charity will lose its charitable status.
Proposal 6 – All charities in the Scottish Charity Register to have and retain a connection in Scotland
1. What factors should be considered when defining what ‘have and retain a connection to Scotland’ means? Does this have to require a physical presence in Scotland, such as an office address or trustee address?
Please explain your view.
A connection to Scotland should be either or both a physical presence and Scottish trustee. If a charity that works wholly abroad has a connection to Scotland i.e. founded in Scotland, base and staff in Scotland I think this is ok.
Where there is no connection it is often for fundraising purposes that a charity wants to have a Scottish charity number. This is not a trend that is copied by Scottish charities that have no connection to England and should cease.
Where there is no connection it is often for fundraising purposes that a charity wants to have a Scottish charity number. This is not a trend that is copied by Scottish charities that have no connection to England and should cease.
About you
1. What is your name?
Name
Sally Cameron
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