Charities and Trustee Investment (Scotland) Act 2005

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Charities and Trustee Investment (Scotland) Act 2005

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 9 th June 2005 and received Royal Assent on 14 th July 2005

An Act of the Scottish Parliament to make provision about charities and other benevolent bodies; to make provision about fundraising in connection with charities and other benevolent bodies; to amend the law in relation to the investment powers of trustees; and for connected purposes.

Part 1 Charities

Chapter 1 Office of the Scottish Charity Regulator

1 Office of the Scottish Charity Regulator

(1) There is to be an office to be known as the Office of the Scottish Charity Regulator.

(2) There is established a body corporate, to be known as the Scottish Charity Regulator, which is to be the holder of that office.

(3) That office-holder is referred to in this Act as “OSCR”.

(4) OSCR has the functions conferred on it by or under this Act and any other enactment.

(5) OSCR’s general functions are—

(a) to determine whether bodies are charities,

(b) to keep a public register of charities,

(d) to identify and investigate apparent misconduct in the administration of charities and to take remedial or protective action in relation to such misconduct, and

(e) to give information or advice, or to make proposals, to the Scottish Ministers on matters relating to OSCR’s functions.

(6) OSCR may do anything (whether in Scotland or elsewhere) which is calculated to facilitate, or is conducive or incidental to, the performance of its functions.

(7) Subsection (6) does not enable OSCR to do anything in contravention of any express prohibition, restriction or limitation on its powers which is contained in any enactment (including this Act).

(8) OSCR must perform its functions in a manner that encourages equal opportunities and in particular the observance of the equal opportunity requirements.

(9) In performing its functions OSCR must, so far as relevant, have regard to—

(a) the principles under which regulatory activities should be proportionate, accountable, consistent, transparent and targeted only at cases in which action is needed, and

(b) any other principle appearing to OSCR to represent best regulatory practice.

(10) Schedule 1 makes further provision about the Scottish Charity Regulator.

2 Annual reports

(1) As soon as practicable after the end of each financial year, OSCR must—

(a) prepare and publish a general report on the exercise of its functions during that year,

(b) send a copy of the report to the Scottish Ministers, and

(2) A general report may include, in particular, any general recommendations which OSCR may have arising from the exercise of its functions during that year and any previous financial year.

(3) It is for OSCR to determine the form and content of a general report and by what means it is to be published.

Chapter 2 Scottish Charity Register

The Register

3 Scottish Charity Register

(1) OSCR must keep a register of charities to be known as the “Scottish Charity Register” (and referred to in this Act as “the Register”).

(2) The Register is to be kept in such manner as OSCR thinks fit.

(3) The Register must contain a separate entry for each charity entered in it setting out—

(a) the name of the charity,

(b) the principal office of the charity or, where it does not have such an office, the name and address of one of its charity trustees,

(d) where the charity is a designated religious charity or a designated national collector, that fact,

(e) where—

(i) a direction is given under section 11(3) , 12(2) or (3) , 16(6) , 28(3) , 30(1) or 31(5) to (9) , or

(ii) a notice is given under section 31(4) ,

in relation to the charity, the fact that the direction or notice has been given and the date on which it was given,

(f) any other information in relation to the charity which the Scottish Ministers by regulations require to be set out in the Register, and

(g) any other information in relation to the charity which OSCR considers appropriate.

(4) OSCR must, despite subsection (3)(b) , exclude the information specified in that provision from a charity’s entry in the Register if, on the application of the charity (whether together with its application for entry in the Register or separately) , OSCR is satisfied that including that information is likely to jeopardise the safety or security of any person or premises.

(5) OSCR must, if it is satisfied that a direction or notice of a type described in subsection (3)(e) has been complied with or no longer has effect, remove reference to the direction or notice from the charity’s entry.

(6) OSCR must—

(a) from time to time, review each entry in the Register, and

(b) if it considers any information set out in a charity’s entry to be inaccurate—

(i) amend the entry accordingl...

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