Charity law passed
10 Jun 05
Plans to modernise charity regulation and fundraising pass final parliamentary stage
The Charities and Trustee Investment (Scotland) Bill has been passed by the Scottish Parliament.
The new law creates a single framework for charity registration and regulation in Scotland and modernises fundraising activities undertaken in Scotland.
During its passage the bill raised concerns for the future of Scotland's national museums and art galleries, which appear to have been allayed, and as to its effect on independent schools, which fear that it will become more difficult for them to attract tax relief.
Communities Minister Malcolm Chisholm said: "There are over 25,000 charities in Scotland, and we are committed to ensuring they can operate in an environment which affords them public goodwill, support and trust.
"The Bill does just that: it provides a new system of regulation, without placing an undue burden on charities and provides reassurance to the public who rightly expect that the way in which our charities operate is trustworthy and transparent."
The Bill establishes the Office of the Scottish Charity Regulator (OSCR) as an independent statutory regulator and enshrines a Scottish definition of charity, requiring all charities to demonstrate public benefit.
OSCR will maintain a statutory public register of charities and will have the power to investigate misconduct by charities and take action to prevent this or protect charitable assets.
Jane Ryder, Chief Executive of OSCR, welcomed the passing of the Bill and said: "This is a landmark in the development of charity law and regulation, and I am particularly pleased that many of the amendments reflect the recommendations of OSCR, the charities and others close to the sector. We are looking forward to the Bill receiving Royal Assent in coming weeks when we will have legislation that is comprehensive, effective and understandable and which will enable OSCR to be a proportionate and effective regulation."