This item was published during the term of a previous administration that ended in April 2007
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Single charity regulator for Scotland
16/12/2002
The creation of a new body to regulate and support
charities in Scotland was announced today as part of a
package of reforms.
Responding to the report of the Scottish Charity Law
Review Commission, Justice Minister Jim Wallace said the
changes would provide the "one-door regulator that the
charity sector has lacked for years".
Mr Wallace added that the reforms would benefit
charities across Scotland by providing better support. It
would also give greater protection for the public from
bogus charities.
The main features of the new reforms are:
- That Scotland should benefit from an updated
definition of charity, consistent throughout the
UK
- A comprehensive register of Scottish charities
which will contain only those charities which are
active and will have more information about them
- A regulator, provisionally entitled the Office of
the Scottish Charities Regulator (OSCR), embracing the
functions of registration, monitoring and supervision,
investigation support and information - (charitable
status will be granted by a unit witihn OSCR, run by
the Inland Revenue.)
- A new reporting and monitoring regime , based on
annual submission of reports and accounts but graduated
to take account of different sizes of charities. OSCR
will liase with other regulators (eg Communities
Scotland) whose remits cover charities to minimise
duplication of effort
- OSCR will provide comprehensive advice and guidance
relating to regulatory matters and, working closely
with the sector, will signpost other sources of advice
such as codes of practice.
- OSCR will encourage and facilitate better
arrangements at local level for public charitable
collections
The Minister said:
"This is a radical strong package of reforms that will
help Scotland's charities. We will be investing over £1
million a year in a new Justice Agency, the Office of the
Scottish Charities Regulator.
"The new agency will transform the way charities are
monitored and supported in the public interest. It will add
capacity and cohesion to regulatory functions which until
now have been fragmented.
"It will provide give the public greater public
protection from bogusconfidence in charities and It will
allow people to donate with greater confidencecharities to
grow and flourish, while not hesitating to take firm action
to prevent and remedy abuse.
"It will provide the one-door regulator that the charity
sector has lacked for years. The Executive looks forward to
working with the major stakeholders, including SCVO and
members of the advisory forum, to put these important
developments in place.
"Some reforms will need legislation and an opportunity
will be sought for this: but it is in the best interests of
charities and the public for us to press ahead with the
package of measures we are announcing today."
The Scottish Charity Review Commission (McFadden)
published its report together with 114 recommendations in
April 2001.
A national advisory forum, including voluntary sector
organisations, key professionals and the existing
regulatory bodies, was set up earlier this year to advise
Ministers on the practical aspects of implementing the
recommendations of the McFadden Commission with a view to
deciding on the best way of proceeding.
The forum's discussions turned out to be wide-ranging
and not confined to implementation details and helped the
Executive to understand the issues involved in the many
aspects of charity regulation.
A detailed implementation timetable will be posted
early in 2003 on the Executive Website.