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Scottish Charity Law in Relation to Fundraising and Public Charitable Collections

Guide to obligations under Scottish law

This Code reminds those involved in fundraising in Scotland of their obligations under existing Scotland legislation where it is of relevance to the fundraising process.

In common with the Charities Act 1992 Part II (England and Wales), this Code does not seek to address all aspects of fundraising undertaken by charities on their own account and involving only their own staff and volunteers, or all of that carried out through connected companies under a charity’s direct control.

Aspects of these activities are covered by other of the Institute’s Codes of Fundraising Practice which apply equally throughout the United Kingdom.

Please note that this Code will be revised to take into account fundraising regulations made under the Charities and Trustee Investment (Scotland) Act 2005 once the regulations are published.

The main pieces of legislation referred to in this context are:

  • The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990.
  • The Civic Government (Scotland) Act 1976.
  • Public Charitable Collections (Scotland) Regulations 1984.