The Scottish Government is responsible for the legal framework surrounding charities in Scotland. The Scottish Government recognises and values the important role that charities play in Scotland and is committed to supporting and encouraging charitable activity in Scotland, while reassuring the public that their money is being well used and that support is being properly provided. This approach is underpinned by the Charities and Trustee Investment (Scotland) Act 2005 which modernises Scottish charity law, and sets out the framework within which charities and the Office of the Scottish Charity Regulator (OSCR) must operate. The Act improves and strengthens the regulation of charities operating in Scotland in a way that builds on the value that charities bring to Scottish society.
The Scottish Government's Charity Law Team is in charge of the work surrounding charity law in Scotland. The focus of our work is the continuing implementation of the Charities and Trustee Investment (Scotland) Act 2005 and the remaining regulations under it. We also deal with policy issues relating to charity law and regulation in Scotland and provide liaison with OSCR and sponsor the Scottish Charity Appeals Panel (SCAP).
Background to the 2005 Charities and Trustee Investment (Scotland) Act 2005
In May 2001 the Scottish Charity Law Review Commission published its report (the McFadden Report) making 114 recommendations for the reform of charity law and regulation in Scotland. Following a period of consultation and policy development, the Deputy First Minister responded to this on 16 December 2002 accepting the need for better regulation and support for charities in Scotland. The measures announced included the setting up a new one door Scottish charity regulator.
In a statement to Parliament in September 2003, the then Communities Minister Margaret Curran, announced proposals which would form the basis of a draft Charity (Scotland) Bill to be published in spring 2004.
The Minister also announced the appointment of the head of the Office of the Scottish Charities Regulator (OSCR). On 1 December 2003 Jane Ryder, previously Director of the Scottish Museums Council, became Chief Executive of the new Executive agency which took over the existing charity regulation functions on behalf of Scottish Ministers. The agency paved the way for a statutory regulator to take up its full powers following legislation. More information on OSCR and its work can be found by visiting OSCR's website.