Charities Bill - Detailed consultation

Closed 3 Feb 2023

Opened 8 Dec 2022

Contact

0131 348 5000

sjss.committee@parliament.scot

Published responses

View submitted responses where consent has been given to publish the response.

Overview

The Charities (Regulation and Administration) (Scotland) Bill aims to update the law around charities.

Charities in Scotland are regulated by the Office of the Scottish Charity Regulator (OSCR). OSCR was established under the Charities and Trustee Investment (Scotland) Act 2005 (the 2005 Act). The 2005 Act sets out the powers that OSCR has to regulate charities and maintain a register of charities in Scotland.

If passed, the Bill would update the Act. It would:

  • give OSCR wider powers to investigate charities and charity trustees
  • amend the rules on who can be a charity trustee or a senior office-holder in a charity
  • increase the information that OSCR holds about charity trustees
  • update the information which needs to be included on the Scottish Charity Register
  • create a record of charities that have merged

Read more about the Bill

How to submit your views

The Social Justice and Social Security Committee is scrutinising the Bill. The Committee would like to hear your views on the proposals.

You can either share your views:

  • via a short survey
  • via a more detailed consultation, comprised of ten long-form questions, linked below

  • What are your views on the Scottish Government’s consultation and engagement process leading to the Bill?
  • How has the charity sector changed since 2005, and why is an update or strengthening of legislation needed?
  • The Government is committed to carrying out a wider review of charity law after the passage of this legislation. What are your views on a review?
  • What are your views on the Bill’s Financial Memorandum and the various impact assessments published by the Scottish Government?
  • Will the Bill lead to the Scottish public being better protected, and will charity regulation become more transparent?
  • What are your views on the extent to which the Bill matches OSCR’s original proposals, as set out in 2018?
  • Do you think the Bill makes it easier or more difficult to start and run a charity?
  • Will additional administrative burden be placed on charities? Would this be disproportionate for smaller charities?
  • Does the Bill bring the Scottish regulatory system into line with other parts of the UK? Why is this important?
  • Do you have any other comments or concerns about specific sections of the Bill, or about the Bill more generally?

It is not necessary to provide an answer to each question.

We welcome written views in English, Gaelic, Scots or any other language.

Both the survey and detailed consultation will be open until Friday 3 February 2023.

Interests

  • SJSS