Response 707956750

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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?

None

2. If dispensations are made, should some form of annual reports and accounts always be published, for example in a redacted or abbreviated form?

Yes

Proposal 2 – An internal database and external register of charity trustees

1. What information should be included in an internal database?

All proposed

2. How should the internal database information be kept up to date?

By OSCR

3. What information should be included in a public list of charity trustees?

All proposed

4. In what circumstances should there be an exception to being included in a public list?

None

5. How long should a disqualified trustee remain on the list?

10 years

6. What information should be available in the disqualified trustee list?

Full

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’?

As in England and Wales

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?

All

2. How long should a charity have to comply? What should be the consequences of non-compliance with a positive direction?

1 year. Financial penalty

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?

As defined by OSCR

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?

As proposed. Yes.

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?

Physical presence in some form.

About you

3. Are you responding as an individual or an organisation?

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4. What is your organisation?

n/a