The Charities and Trustee Investment (Scotland) Act 2005 provides Scotland's legislative framework for charities.
Charities in Scotland are regulated by the Office of the Scottish Charity Regulator (OSCR). OSCR is a non-Ministerial Department and forms part of the Scottish Administration.
Fundraising
The Act regulates fundraising for all charitable, benevolent or philanthropic purposes, not only for those on OSCR's register. For an overview of the Act, see OSCR's 'Charity Regulation in Scotland' publication.
An outline of Scottish law that affects fundraising is available in a presentation made during the Fundraising and the Law training programme that was run by the Institute Scotland during the Summer and Autumn of 2009.
Before regulations are introduced, OSCR is required to consult relevant stakeholders. Information about OSCR's consultations, both open and closed, are available online.
A consultation on the benevolent fundraising regulations was held in 2006 and the Institute's response can be downloaded (137kb). The new regulations came into force on 1 July 2009.
As such, arrangements between benevolent bodies and professional fundraisers and/or commercial participators must be governed by a written agreement and statements must be made which indicate how much of supporters' money will reach the intended organisation. Full guidance has been produced by the Institute of Fundraising Scotland and OSCR. A quick members' guide has also been produced for signed-in Organisational members of the Institute.
The next aspect of the Act that is due to be implemented relates to public collections. In the meantime, you should see the Scottish Charitable Collections Code of Fundraising Practice.
Registered Status
The Public Services Reform (Scotland) Act 2010 introduces requirements for charities to indicate their charitable status and registration number on their websites.
The Act also enables OSCR to approve the reorganisation of restricted funds in some circumstances.
Other amendments in include:
- new powers for OSCR to disqualify ex-charity trustees;
- more flexibility for OSCR to approve changes to a charity's constitution;
- new powers for OSCR to appoint additional charity trustees; and
- changes to allow trustee indemnity insurance.
For more information on this, contact the Policy Team.
Cross-Border Activity
In many cases, the fundraising regulations across the UK are very similar but you should always check for any differences before undertaking any activity.
Organisations engaged in cross-border activity should also read the Institute's briefing.
To talk to someone from OSCR, call 01382 220446 between 08:30 and 16:30 Monday to Friday.
For further information visit the Scottish Government web site and the OSCR web site.
