Charities (Regulation and Administration) (Scotland) Act 2023

2023 asp 5

An Act of the Scottish Parliament to modify certain aspects of the law relating to the regulation and administration of charities and their assets.

Enacted The Bill for this Act of the Scottish Parliament was passed by the Parliament on 28th June 2023 and received Royal Assent on 9th August 2023

References to the 2005 Act¶

^I1^I441 Meaning of the “2005 Act”¶

In this Act, the “2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005.

Information about charity trustees etc.¶

^I2^I892 Inclusion of names of charity trustees in the Scottish Charity Register¶

(1) The 2005 Act is modified as follows.

(2) In section 3 (Scottish Charity Register)—

(a) in subsection (3), after paragraph (a) insert— ,

(b) for subsection (4) substitute— .

(3) In section 17(1) (notification of other changes)—

(a) in paragraph (a)(ii), for “of the charity trustee specified in the Register” substitute “specified in the Register in accordance with section 3(3)(b)”,

(b) in paragraph (b), at the end insert “(or which would, but for section 3(4), be so specified)”.

(4) In section 71(b) (decisions), for “3(3)(b)” substitute “3(3)(aa) or (b)”.

^I3^I803 Information about charity trustees for OSCR’s use¶

(1) The 2005 Act is modified as follows.

(2) In section 17(1) (notification of other changes), after paragraph (b), insert— .

(3) After section 66, insert—

Information about charity trustees

66A Schedule of charity trustees

(1) OSCR must keep, in such manner as it thinks fit, a schedule of all charity trustees.

(2) The schedule must contain a separate entry for each charity trustee entered in it setting out such information as OSCR considers appropriate.

(3) OSCR must—

(a) specify the questions about charity trustees it will require answers to for the purpose of populating the schedule, and

(b) publicise the questions so specified.

(4) Section 22 applies to documents and information which OSCR requires in relation to a charity trustee’s entry in the schedule as it applies to documents and information which OSCR requires in relation to the charity’s entry in the Register.

(5) It does not matter whether a person continues to be a charity trustee for OSCR to be able to retain information about that person in the schedule, provided the retention of that information is calculated to facilitate, or is conducive or incidental to, the performance of OSCR’s functions.

Disqualification from being charity trustee etc.¶

^I4^I81^I864 Disqualification: offences¶

(1) The 2005 Act is modified as follows.

(2) In section 69 (disqualification from being charity trustee)—

(a) in subsection (2)(a)—

(i) before sub-paragraph (i) insert— ,

(ii) in sub-paragraph (i), after “offence” insert “, not specified in section 69A,”,

(iii) sub-paragraph (ii) is repealed,

(b) in subsection (3), after “subsection (1)” insert “by reason of a conviction”.

(3) After section 69, insert—

69A Disqualification: specified offences

(1) The following offences are specified for the purposes of section 69(2)(a)(ai)—

(a) an offence under this Act,

(b) an offence under section 77 of the Charities Act 2011 (offence of contravening certain orders),

(c) an offence under section 13 or 19 of the Terrorism Act 2000 (wearing of uniform etc, and failure to disclose information),

(d) an offence specified under section 41 or 42 of the Counter-Terrorism Act 2008 as an offence to which Part 4 of that Act applies,

(e) a money laundering offence within the meaning of section 415 of the Proceeds of Crime Act 2002,

(f) an offence under any of the following provisions of the Bribery Act 2010—

(i) section 1 (bribing another person),

(ii) section 2 (offences related to being bribed),

(iii) section 6 (bribery of foreign public officials),

(iv) section 7 (failure of commercial organisations to prevent bribery),

(g) an offence of perverting the course of justice (by whatever means and however the offence is described), including in particular—

(i) false accusation of a crime,

(ii) perjury,

(iii) prevarication on oath,

(iv) prison breaking,

(v) subornation of perjury,

(h) an offence of wilful neglect of duty by a public official,

(i) an offence, under the law of England and Wales, of misconduct in public office.

(2) An offence which has been superseded (whether directly or indirectly) by any offence specified in subsection (1) is also specified for the purposes of section 69(2)(a)(ai).

(3) In relation to an offence specified in subsection (1) or (2), the following offences are also specified for the purposes of section 69(2)(a)(ai)—

(a) an offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence,

(b) an offence committed by attempting or conspiring to commit the offence.

(4) The Scottish Ministers may by regulations modify this section to add or remove an offence.

(4) In section 103(5) (orders, regulations and rules), after paragraph (ca) (as inserted by section 5(5)), insert— .

^I5^I82^I875 Disqualification: other cases¶

(1) The 2005 Act is modified as follows.

(2) In section 69(2) (disqualification from being charity trustee)—

(a) in paragraph (b)—

(i) the words “an undischarged bankrupt,” become sub-paragraph (i),

(ii) in sub-paragraph (i) (as formed), after “bankrupt” insert “(see section 70(3))”,

(iii) after sub-paragraph (i), insert— ,

(b) for paragraph (d) substitute— ,

(d) after paragraph (e), insert—

(f) has been found to be in contempt of court by a court in England or Wales in civil proceedings for making a false disclosure statement, or making a false statement in a document verified by a statement of truth, or causing (in either case) such a statement to be made,

(g) has been found guilty of disobedience to—

(i) an order or direction of the Charity Commission for England and Wales on an application to the High Court of Justice in England and Wales under section 336(1) of the Charities Act 2011,

(ii) an order of the Charity Commission for Northern Ireland on an application to the High Court of Justice in Northern Ireland under section 174 of the Charities Act (Northern Ireland) 2008,

(h) is a designated person for the purposes of—

(i) regulations 8 to 12 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/466),

(ii) regulations 11 to 15 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/573),

(iii) regulations 11 to 15 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 (S.I. 2019/577),

(i) is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.

(3) In section 69—

(a) at the end of subsection (1), insert “(but see also subsection (2A))”,

(b) after subsection (2), insert— ,

(d) in subsection (4), after “subsection (1)” insert “or (2A)”,

(e) after subsection (6), insert— .

(4) In section 70 (disqualification: supplementary)—

(a) in subsection (3), for “section 69(2)(b)” substitute “section 69(2)(b)(i)”,

(b) after subsection (3), insert—

(4) For the purpose of section 69(2)(b)(ii), “specified bankruptcy-related measure” means—

(a) a bankruptcy restrictions order, interim order or undertaking under the Bankruptcy (Scotland) Act 2016, the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405),

(b) a debt relief restrictions order, interim order or undertaking under the Insolvency Act 1986 or the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405),

(5) For the purposes of section 69(2)(d) and (da), a “relevant order” is—

(a) in England and Wales, an order made—

(i) by the Charity Commission for England and Wales under section 79(4) of the Charities Act 2011 or by the Commission or the Charity Commissioners for England and Wales under a relevant earlier enactment, or

(ii) by the High Court of Justice in England and Wales,

on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible, or which the person knew of and failed to take any reasonable step to oppose, or which the person's conduct contributed to or facilitated,

(b) in Northern Ireland, an order made—

(i) by the Charity Commission for Northern Ireland under section 33(2)(i) of the Charities Act (Northern Ireland) 2008, or

(ii) by the High Court of Justice in Northern Ireland,

on the grounds of any misconduct or mismanagement in the administration of the charity for which the person was responsible, or to which the person was privy, or which the person’s conduct contributed to or facilitated.

(6) In subsection (5)(a), a “relevant earlier enactment” means—

(a) section 79(2)(a) of the Charities Act 2011 (as in force before the commencement of sections 4 and 9 of the Charities (Protection and Social Investment) Act 2016),

(b) section 18(2)(i) of the Charities Act 1993 (power to act for protection of charities),

(d) section 20(1)(i) of the 1960 Act (as in force before the commencement of section 8 of the Charities Act 1992).

(5) In section 103(5) (orders, regulations and rules), after paragraph (c), insert— .

^I6^I83^I886 Disqualification: senior management functions¶

^I45^I76(1) The 2005 Act is modified as follows.

(2) After section 69A (inserted by section 4(3)), insert—

69B Disqualification from holding office with senior management functions

(1) While a person is disqualified by virtue of section 69 from acting as a charity trustee in relation to a charity, the person is also disqualified from holding an office or employment with senior management functions in the charity.

(2) But where a person is disqualified by virtue of section 69 from acting as a charity trustee in relation to a charity by reason of an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011, the person is not disqualified under subsection (1) to the extent that the order does not apply—

(a) in relation to holding an office or employment with senior management functions in a charity, or

(b) in relation to a particular office or employment or to any office or employment of a particular description.

(3) OSCR may, on the application of a person disqualified under subsection (1), waive the disqualification either generally or in relation to a particular charity or type of charity.

(4) A waiver under subsection (3) may relate to a particular office or employment or to any office or employment of a particular description.

(5) OSCR must notify a waiver under subsection (3) to the person concerned.

(6) A function of an office or employment held by a person (“P”) is a senior management function if—

(a) it relates to the management of the charity, and P is not responsible for it to another officer or employee (other than a charity trustee), or

(b) it involves control over money and the only officer or employee (other than a charity trustee) to whom P is responsible for it is a person holding an office or employment with senior management functions other than ones involving control over money.

(3) In section 70 (disqualification: supplementary)—

(a) in subsection (1), in the opening words after “69” insert “, or (as the case may be) holds an office or employment with senior management functions in the charity while disqualified by virtue of section 69B,”,

(b) for subsection (2) substitute— .

(4) The title of Chapter 9 becomes “Charity trustees and senior managers”.

^I45(5) In section 71 (decisions), after paragraph (p) insert— .

^I76(6) In section 72(2)(a) (notice of decisions), for “or (p)” substitute “, (p), (pa)”.

^I7^I777 Record of persons removed from office¶

(1) The 2005 Act is modified as follows.

(2) In section 34(5)(ea) (powers of Court of Session)—

(a) for “purpose” substitute “purposes”,

(b) after “trustee)” insert “and section 70ZA (record of persons removed from office)”.

(3) After section 70, insert—

70ZA Record of persons removed from office

(1) OSCR must keep, in such manner as it thinks fit, a record of all persons who have been removed, by order of the Court of Session under section 7 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 or section 34 of this Act, from being concerned in the management or control of any body.

(2) The record must contain a separate entry for each person entered in it setting out—

(a) the person’s name,

(b) the date of the order of the Court of Session removing the person from being concerned in the management or control of the body,

(d) if the person has been granted a waiver under section 69(4) in relation to a particular charity or type of charity only, or has been granted a waiver under section 69B(3), the details of the waiver including—

(i) the date OSCR notified the person of the waiver, and

(ii) the extent of the waiver, and

(e) any other information which OSCR considers appropriate in relation to—

(i) the person,

(ii) the body from which the person was removed.

(3) Despite subsection (1)—

(a) OSCR must remove a person from the record if the person has been granted a general waiver under section 69(4),

(b) OSCR may remove a person from the record if the person has died.

70ZB Searching the record of removed persons

(1) OSCR must provide a facility by which the record kept under section 70ZA(1) may be searched by any person.

(2) That search facility must allow the record to be searched by reference to, and only by reference to, a person’s name.

(3) Where, on an application being made to it, OSCR is satisfied that disclosing an entry in the record is likely to jeopardise the safety or security of any person or premises, OSCR must ensure that the entry is not disclosed to any person searching the record.

(4) OSCR may also determine other information which, though contained in the record, is not to be disclosed to any person searching it.

(4) In section 71 (decisions), after paragraph (pb) (inserted by section 9(2)) insert— .

(5) In section 72(2)(a) (notice of decisions), after “(pa)” (inserted by section 6(6)) insert “or (pc)”.

Appointment of interim charity trustees¶

^I8^I468 Appointment of interim trustees by OSCR¶

(1) Section 70A (appointment of charity trustees) of the 2005 Act is modified as follows.

(2) For subsections (1) and (2), substitute—

(1) OSCR may, on the request of a charity, appoint a person as an interim charity trustee for the charity where—

(a) the charity has an insufficient number of charity trustees to be able to appoint a charity trustee under its constitution, and

(b) the charity’s constitution does not provide a mechanism for appointing a charity trustee in such circumstances.

(2) OSCR may, of its own accord or on the representation of any person, appoint a person as an interim charity trustee for a charity where OSCR is satisfied that—

(a) the charity has no existing charity trustees,

(b) all of the charity’s existing charity trustees either—

(i) cannot be found, or

(ii) are not acting and are not expected to resume acting, or

(c) the number of the charity’s existing charity trustees who fall within sub-paragraph (i) or (ii) of paragraph (b) is such that the charity is unable to make a request under subsection (1).

(3) In subsection (3)—

(a) for “acting” substitute “interim”,

(b) after “subsection”, insert “(1) or”,

(c) after “constitution” insert “without requiring involvement from charity trustees who cannot be found or are not acting”.

(4) In subsection (4)—

(a) for “acting” substitute “interim”,

(b) after “subsection” insert “(1) or”.

(5) In subsection (5)—

(a) in paragraph (a)—

(i) the word “still” is repealed,

(ii) for “acting” substitute “interim”,

(iii) after “constitution” insert “without requiring involvement from charity trustees who cannot be found or are not acting”,

(b) in paragraph (b), for “acting” substitute “interim”,

(6) After subsection (5), insert— .

(7) In subsection (6)—

(a) for “acting” substitute “interim”,

(b) after “subsection” insert “(1) or”.

(8) In subsection (7), for “acting” substitute “interim”.

(9) In subsection (8), for “acting” in both places where it appears substitute “interim”.

(10) After subsection (8), insert— .

^I9^I479 Review of proposed appointment of interim trustee¶

(1) The 2005 Act is modified as follows.

(2) In section 71 (decisions), after paragraph (pa) (inserted by section 6(5)) insert— .

(3) In section 72(2) (notice of decisions), after paragraph (ba) (inserted by section 16(3)(a)(ii)) insert— .

(4) In section 73(2) (effect of decisions), in the opening words, after “(o)” insert “, (pb)”.

(5) In section 74 (review of decisions), after subsection (1) insert— .

Charity accounts¶

^I10^I9010 Preservation of and access to charity accounts and independent reports on accounts¶

(1) The 2005 Act is modified as follows.

(2) In section 44 (accounts)—

(a) in subsection (1)—

(i) after paragraph (c), insert— ,

(ii) in paragraph (d), for the words “such examination or audit, send a copy of the” substitute “the independent report on accounts has been made, send a copy of the report and”,

(b) after subsection (4) insert— .

(3) After section 45A (inserted by section 12(4)), insert— .

^I11^I9111 Independent reports: minor and consequential modifications¶

(1) The 2005 Act is modified as follows.

(2) In section 4(c)(iii) (application for entry in Register), after “(if any)” insert “and any associated reports forming part of the same document”.

(3) In section 23(1) (entitlement to information about charities)—

(a) in paragraph (b), after “account” insert “and independent report on accounts”,

(b) in the closing words, after “account” insert “and independent report on accounts”.

(4) In section 44(4)(g) (accounts), at the end insert “(including matters relating to the independent report on accounts)”.

(5) In section 106 (general interpretation), after the definition of “the First-tier Tribunal” insert— .

^I12^I4812 Removal of non-responsive charities for failure to submit accounts¶

(1) The 2005 Act is modified as follows.

(2) In section 3(3)(e)(ii) (Scottish Charity Register), after “31(4)” insert “or 45A(2)”.

(3) The heading of section 45 becomes “Failure to provide statement of account: preparation by appointed person”.

(4) After section 45, insert—

45A Failure to provide statement of account: removal from Register

(1) This section applies where—

(a) a charity has failed to send a copy of its statement of account to OSCR in pursuance of section 44(1)(d),

(b) the time by which the statement was due to be sent to OSCR by virtue of provision made under section 44(4)(f) has passed,

(d) a statement of account has not been prepared, and is not being prepared, under section 45.

(2) OSCR may give the charity notice of its intention to remove the charity from the Register.

(3) Unless the charity makes contact with OSCR within 3 months of the date on which notice under subsection (2) is given, OSCR may remove the charity from the Register.

(4) A notice under subsection (2) must set out—

(a) that the notice has been given because the criteria in paragraphs (a) to (d) of subsection (1) have been met, and

(b) that the charity may be removed from the Register unless it makes contact with OSCR within the period specified in subsection (3).

(5) OSCR—

(a) must publish on its website a list of charities to which a notice under subsection (2) has been issued and remains in effect,

(b) may take such further steps as appear to it to be appropriate with a view to bringing the giving of a notice under subsection (2) to the attention of persons likely to be affected by it.

(6) In relation to a SCIO, the power in subsection (3) to remove a charity from the Register is a power to take steps in accordance with regulations made under section 64(1)(d) to secure the dissolution of the SCIO and, following such dissolution, to remove it from the Register.

(5) In section 71 (decisions), after paragraph (ma), insert— .

(6) In section 73(2) (effect of decisions), in the opening words, after “(id),” (inserted by section 17(11)), insert “(mb),”.

Charity mergers¶

^I1313 Recording of charity mergers and treatment of legacies¶

^I49^I84(1) The 2005 Act is modified as follows.

^I49^I84(2) After section 64, insert—

Chapter 7A Charity mergers

64A Meaning of “charity merger” etc.

(1) This section applies for the interpretation of sections 64B to 64E.

(2) A “charity merger” means a scheme in which—

(a) either—

(i) all the property, rights and liabilities of one or more charities (a “transferor”) are transferred to another charity (the “transferee”), or

(ii) two or more charities (“transferors”) are amalgamated and all the property, rights and liabilities of both or all of them are transferred to a new charity (the “transferee”), and

(b) the transferor (or transferors) is (or are) wound up or dissolved, or is (or are) to be wound up or dissolved, in connection with the scheme.

(3) A reference (however expressed) to—

(a) a transferor under a charity merger is a reference to a transferor within the meaning of subsection (2),

(b) a transferee under a charity merger is a reference to—

(i) the transferee within the meaning of subsection (2), if it is a company or other body corporate,

(ii) otherwise, the charity trustees of the transferee (within the meaning of subsection (2)).

64B Notification of charity mergers

(1) A transferee under a charity merger may give OSCR notice of the merger at any time after all the property, rights and liabilities of the transferor (or of all of the transferors, where there is more than one) under the merger are transferred to the transferee.

(2) A notice under subsection (1) must—

(a) include such documents and information, and

(b) be given in such form and manner,

as OSCR may require.

(3) OSCR must publicise any requirements set under subsection (2).

(4) The Scottish Ministers may by regulations make provision about the circumstances in which, and the time at which, notice of the merger is to be treated as having been given.

64C Record of charity mergers

(1) OSCR must keep, in such manner as it thinks fit, a record of all charity mergers notified to it in accordance with section 64B.

(2) The record of charity mergers must contain a separate entry for each charity merger setting out—

(a) the date notice of the merger was given to OSCR,

(b) any other information which OSCR considers appropriate in relation to the merger.

(3) Section 22 applies to documents and information which OSCR requires in relation to an entry in the record of charity mergers which relates to the charity as it applies to documents and information which OSCR requires in relation to the charity’s entry in the Register.

(4) In this section and sections 64D and 64E, “the record of charity mergers” means the record kept under subsection (1).

64D Legacies: effect of charity merger being notified

(1) This section applies where—

(a) a person (the “testator”) by will bequeaths a legacy to a charity,

(b) the charity to which the legacy is bequeathed becomes a transferor under a charity merger,

(i) acquires a vested right in the legacy, or

(ii) does not acquire a vested right in the legacy by reason only of the transferor having wound up or dissolved in connection with the merger, and

(d) notice of the merger was given in accordance with section 64B before the date on which the transferor acquires or (as the case may be) would, but for winding up or dissolving, have acquired the vested right in the legacy.

(2) The legacy is to be treated as having vested in the transferee under the merger unless it is clear from the terms of the will that the testator intended otherwise.

(3) Without prejudice to the generality of subsection (2)—

(a) it is to be regarded as clear from the terms of the will that the testator intended otherwise if the will provides expressly that the legacy is not to be paid to a transferee under a charity merger,

(b) it is not to be regarded as clear from the terms of the will that the testator intended otherwise only by reason of the will providing that the legacy is bequeathed—

(i) to the charity, which failing to another person (or persons),

(ii) to the charity and another person (or persons) and to whichever of them is still in existence or, as the case may be, is the survivor (or survivors) of them.

(4) Where the legacy is bequeathed to more than one person, the share of it which is to be treated as having vested in the transferee is the share that has vested or (as the case may be) would, but for winding up or dissolving, have vested in the transferor.

(5) Subsection (6) applies where—

(a) the transferee (“Charity A”) becomes the transferor under a further merger, and

(b) notice of the further merger was given in accordance with section 64B before the date on which either—

(i) the legacy was treated as having vested in Charity A by virtue of subsection (2), or

(ii) the legacy would have been treated as having vested in Charity A by virtue of subsection (2) but for Charity A having been wound up or dissolved in connection with the further merger.

(6) The legacy is to be treated as having vested in the transferee under the further merger (and so on).

(7) In this section, a “will” means any document of a testamentary nature and includes a reference to—

(a) a testamentary trust disposition and settlement,

(b) a codicil.

64E Public access to the record of charity mergers

(1) OSCR must make the record of charity mergers available for public inspection—

(a) at all reasonable times at its principal office,

(b) at such other places as it thinks fit, and

(2) It is for OSCR to determine the form and manner in which the record of charity mergers is made available; but in doing so OSCR must ensure that the information in the record is made reasonably obtainable.

(3) OSCR must publicise the arrangements which it makes in pursuance of subsection (1).

^I85(3) It does not matter if the will (within the meaning given in section 64D(7) of the 2005 Act) which gives rise to the legacy was executed before the date the amendment made by this section comes into force.

Reorganisation of charities¶

^I14^I5014 Endowments¶

(1) The 2005 Act is modified in accordance with subsections (2) and (3).

(2) In section 42 (reorganisation: supplementary), for subsections (6) and (7) substitute—

(6) But, despite subsection (5), sections 39 and 40 apply—

(a) to any endowment held by such a charity,

(b) where the property of a charity constituted under an enactment consists only of an endowment or endowments, to the charity.

(7) Where an application for a reorganisation scheme is made by virtue of subsection (6)(a)—

(a) a reference in section 39(1)(a) or 40(1)(a) to a condition being satisfied in relation to a charity is to be read as a reference to a condition being satisfied in relation to an endowment,

(b) the reference in section 41 to a charity’s constitution is to be read as including a reference to an instrument governing an endowment,

(c) a reference in subsection (2) or (3)(a) to the purposes of a charity is to be read as a reference to the purposes of an endowment,

(d) a reference in subsection (2)(c) or (d) or (3)(a) to a charity’s constitution is to be read as a reference to—

(i) a charity’s constitution as it relates to an endowment,

(ii) an instrument governing an endowment,

(e) the references in subsection (3)(c) to a charity are to be read as references to an endowment.

(8) Where an application for a reorganisation scheme is made by virtue of subsection (6)(b), a reference in section 41 or in subsection (2)(c) or (d) or (3)(a) to a charity’s constitution is to be read as including a reference to an instrument governing an endowment.

(9) For the purposes of subsections (6) to (8)—

(a) “endowment” has the same meaning as in Part 6 (reorganisation of endowments) of Education (Scotland) Act 1980,

(b) for the avoidance of doubt, income derived from an endowment is to be treated as being part of the endowment.

(10) The Scottish Ministers may by regulations—

(a) modify this section so as to amend the meaning of “endowment”,

(b) disapply subsection (6) in relation to any charity or endowment, or type of charity or endowment, specified in the regulations.

(3) In section 103(5) (orders, regulations and rules), after paragraph (ba) (inserted by section 18(8)(b)), insert— .

(4) The Education (Scotland) Act 1980 is modified in accordance with subsection (5).

(5) In section 122(4) (interpretation of Part 6), for “the governing body of which is a charity within the meaning of section 106” substitute “which may be reorganised by virtue of section 42(6)”.

Inquiries¶

^I15^I5115 Inquiries about former charities etc.¶

(1) Section 28 (inquiries about charities etc.) of the 2005 Act is modified as follows.

(2) In subsection (1), in paragraph (e), for the words from “which” to the end substitute “as a charity despite that body not being entered in the Register,”.

(3) After subsection (2), insert— .

(4) After subsection (4), insert— .

^I16^I5216 Notice and obtaining information¶

(1) The 2005 Act is modified as follows.

(2) In section 29 (power of OSCR to obtain information for inquiries)—

(a) in subsection (1), the words “by notice” are repealed,

(b) in subsection (2), for the opening words substitute “Where OSCR makes such a requirement, it must give a notice to the person specifying—”,

(3) In section 72 (notice of decisions)—

(a) in subsection (2)—

(i) in paragraph (a)—

(A) after “(k),” insert “(l),”,

(B) after “the”, in second place where it occurs, insert “charity, body or”,

(ii) after paragraph (b), insert— ,

(iii) in paragraph (c), for “that section” substitute “section 71”,

(b) after subsection (3), insert— .

(4) In section 73(3) (effect of decisions), in the opening words, for “the notice” substitute “any notice”.

^I17^I5317 Ability to issue positive directions¶

(1) The 2005 Act is modified as follows.

(2) In section 3(3)(e)(i) (Scottish Charity Register), after “30A(2)” (inserted by section 18(2)) insert “, 30B(2)”.

(3) After section 30A (inserted by section 18(4)), insert—

30B Powers of OSCR following inquiries: direction to take specified steps

(1) This section applies where it appears to OSCR, as a result of inquiries under section 28—

(a) that there has been misconduct in the administration of—

(i) a charity, or

(ii) a body controlled by a charity, or

(b) that it is necessary or desirable to act for the purpose of protecting the property of a charity or securing a proper application of such property for its purposes.

(2) OSCR may direct the charity or body to take, within such period as may be specified in the direction, such steps (specified in the direction) as OSCR considers to be expedient in the interests of the charity.

(3) The power of OSCR to give a direction under subsection (2) includes the power to—

(a) vary the direction, but only by—

(i) extending the time period specified in the direction,

(ii) removing steps which the charity or body is required to take,

(b) revoke the direction,

(c) give more than one direction under that subsection in respect of the same inquiries (in addition to any direction that may be given under section 31).

(4) A direction under subsection (2)—

(a) may require steps to be taken whether or not they would otherwise be within the powers exercisable by the charity or body, but

(b) may not require any steps to be taken which are—

(i) prohibited by any enactment,

(ii) expressly prohibited by the constitution of the charity or (as the case may be) body, or

(iii) inconsistent with the charity’s purposes.

(5) Anything done by a charity or body under the authority of a direction under subsection (2) is to be treated as properly done in the exercise of the powers exercisable by it.

(6) Subsection (5) does not affect any contractual or other rights arising in connection with anything which has been done under the authority of such a direction.

(4) The heading of section 31 becomes “Powers of OSCR following inquiries: temporary suspension or restriction of conduct”.

(5) In section 32(2) (suspensions and directions: procedure)—

(a) the words “a further suspension or direction may be made or given under section 31 but” become paragraph (a),

(b) in paragraph (a) (as formed), after “section 31” insert “(in addition to any direction that may be given under section 30B),”,

(d) in paragraph (b) (as formed), after “direction” in the first place where it occurs, insert “under section 31”.

(6) The heading of section 32 becomes “Suspensions and directions under section 31: procedure”.

(7) In section 33(1)(a) (reports on inquiries), after sub-paragraph (ia) (inserted by section 18(5)) insert— .

(8) In section 65(4) (designated religious charities), after “section 28(3),” insert— .

(9) In section 71 (decisions), after paragraph (ic) (inserted by section 18(6)), insert— .

(10) In section 72(2)(a) (notice of decisions), after “(g),” insert “(id),”.

(11) In section 73(2) (effect of decisions), in the opening words, after “(ic),” (inserted by section 18(7)) insert “(id),”.

Connection to Scotland¶

^I18^I5418 Charities which it is not appropriate for OSCR to regulate¶

(1) The 2005 Act is modified as follows.

(2) In section 3(3)(e)(i) (Scottish charity Register), after “30(1)” insert “, 30A(2)”.

(3) In section 5 (determination of applications)—

(a) in subsection (2), after paragraph (a), insert— ,

(b) after subsection (3) (inserted by paragraph 4 of the schedule), insert—

(4) For the purpose of subsection (2)(aa), in considering, in all the circumstances, what connection (if any) the applicant has or will have to Scotland, OSCR must have regard to the following factors—

(a) whether the applicant has (or intends to have) a principal office in Scotland,

(b) whether the applicant occupies (or intends to occupy) any land or premises in Scotland,

(c) whether the applicant carries out (or intends to carry out) activities in any office, shop or similar premises in Scotland,

(d) whether the applicant is established under the law of Scotland,

(e) whether any of the persons who are (or are to be) concerned in the management or control of the applicant are resident in Scotland,

(f) any other relevant factor.

(5) The Scottish Ministers may by regulations modify this section to make provision about the factors which are or are not relevant for the purpose of subsection (2)(aa).

(4) After section 30, insert—

30A Removal from Register where charity no longer has connection to Scotland

(1) This section applies where, as a result of inquiries under section 28, OSCR considers that it would not be appropriate for it to continue to regulate a charity because the charity has no or negligible connection to Scotland.

(2) OSCR must direct the charity to take, within such period as may be specified in the direction, such steps (specified in the direction) as OSCR considers necessary for the purposes of establishing a connection to Scotland which is more than negligible.

(3) The power of OSCR to give a direction under subsection (2) includes the power to—

(a) vary the direction, but only by—

(i) extending the time period specified in the direction, or

(ii) removing steps which the charity is required to take, or

(b) revoke the direction.

(4) OSCR must, if a charity fails to comply with a direction under subsection (2), remove the charity from the Register.

(5) For the purpose of subsection (1), in considering, in all the circumstances, what connection (if any) the charity has to Scotland, OSCR must have regard to the following factors—

(a) whether the charity has a principal office in Scotland,

(b) whether the charity occupies any land or premises in Scotland,

(d) whether the charity is established under the law of Scotland,

(e) whether any of the charity trustees of the charity are resident in Scotland,

(f) any other relevant factor.

(6) The Scottish Ministers may by regulations modify this section to make provision about the factors which are or are not relevant for the purpose of subsection (1).

(5) In section 33(1)(a) (reports on inquiries), after sub-paragraph (i) insert— .

(6) In section 71 (decisions), after paragraph (ia), insert— .

(7) In section 73(2) (effect of decisions), in the opening words, after “(ia),”, insert “(ib), (ic),”.

(8) In section 103(5) (orders, regulations and rules)—

(a) before paragraph (a), insert— ,

(b) after paragraph (b), insert— .

Further modification of the 2005 Act¶

^I19^I55^I7819 Minor or technical amendments¶

The schedule further modifies the 2005 Act.

Final provisions¶

^I2020 Ancillary provision¶

(1) The Scottish Ministers may by regulations make any incidental, supplementary, consequential, transitional, transitory or saving provision they consider appropriate for the purposes of, in connection with or for giving full effect to this Act.

(2) Regulations under this section may—

(a) make different provision for different purposes,

(b) modify any enactment (including this Act).

(3) Regulations under this section—

(a) are subject to the affirmative procedure if they add to, replace or omit any part of the text of an Act,

(b) otherwise, are subject to the negative procedure.

^I2121 Commencement¶

(1) This section and sections 20 and 22 come into force on the day after Royal Assent.

(2) The other provisions of this Act come into force on such day as the Scottish Ministers may by regulations appoint.

(3) Regulations under this section may—

(a) include transitional, transitory or saving provision,

(b) make different provision for different purposes.

^I2222 Short title¶

The short title of this Act is the Charities (Regulation and Administration) (Scotland) Act 2023.

SCHEDULE ¶

Further modification of the 2005 Act

(introduced by section 19)

^I23^I791 Annual reports by OSCR: action taken to promote awareness and understanding of the 2005 Act¶

(1) Section 2 (annual reports) of the 2005 Act is modified as follows.

(2) After subsection (1), insert— .

(3) In subsection (3), for “It” substitute “Subject to subsection (1A), it”.

^I24^I562 Duty to review Register¶

(1) Section 3 (Scottish Charity Register) of the 2005 Act is modified as follows.

(2) In subsection (6)—

(a) in the opening words, the word “must” is repealed,

(b) in paragraph (a)—

(i) at the beginning, insert “may, ”,

(ii) for “each”, substitute “any”,

^I25^I573 Removal of former bodies¶

(1) Section 3 (Scottish Charity Register) of the 2005 Act is modified as follows.

(2) In subsection (6)—

(a) after paragraph (a), the word “and” is repealed,

(b) after paragraph (b), insert .

^I26^I584 Ability to allow duplicate charity names as part of merger¶

(1) The 2005 Act is modified as follows.

(2) In section 5 (determination of applications), after subsection (2), insert— .

(3) In section 12 (power of OSCR to require charity to change name), after subsection (3), insert— .

^I27^I595 Change of name: delaying decision or granting or refusing consent¶

(1) The 2005 Act is modified as follows.

(2) In section 11 (change of name)—

(a) in subsection (3)—

(i) for “, directs the charity not to change its name,” substitute ,

(ii) the words “OSCR is to be taken as having given its consent.” become the closing words,

(b) after subsection (3), insert— ,

(i) the words “it considers that the proposed new name falls within section 10” become paragraph (a),

(ii) after paragraph (a) (as formed), insert ,

(d) after subsection (4), insert— .

(3) In section 71 (decisions), for paragraph (c) substitute— .

^I28^I606 Oversight in relation to working names¶

(1) The 2005 Act is modified as follows.

(2) In section 3(3)(e)(i) (Scottish Charity Register), after “12(2)” insert “, (2A)”.

(3) In section 10 (objectionable names)—

(a) in subsection (1), paragraph (a), after “name” insert “or working name”,

(b) after subsection (2), insert— .

(4) In section 12 (power of OSCR to require charity to change name)—

(a) in subsection (1), for “of” to the end substitute “or working name of another charity is the same as or too like its name or working name, request OSCR to conduct a review.”,

(b) after subsection (2), insert— ,

(d) after subsection (3A) (inserted by paragraph 4), insert— ,

(e) in subsection (4), after “this section” insert “to change name”,

(f) in subsection (5), after “direction” insert “to change name”,

(g) after subsection (5), insert— .

(5) The heading of section 12 becomes “Power of OSCR in relation to charity names and working names”.

(6) In section 71 (decisions)—

(a) in paragraph (d), after “12(2)” insert “, (2A)”,

(b) in paragraph (e), after “12(2)” insert “or (2A)”.

(7) In section 106 (general interpretation), after the definition of “SCIO”, insert— .

^I29^I617 Giving notice to OSCR: removal of 42 day rule¶

(1) The 2005 Act is modified as follows.

(2) In section 11 (change of name), in subsection (2), the words “, not less than 42 days before doing so,” are repealed.

(3) In section 16 (changes which require OSCR’s consent), in subsection (4)—

(a) the words “, not less than 42 days before the date on which the action is to be taken,” are repealed,

(b) the words “specifying that date” are repealed.

^I30^I628 Consent to and notification of changes¶

(1) The 2005 Act is modified as follows.

(2) In section 16 (changes which require OSCR’s consent), at the end of subsection (4), insert “(unless the action is one for which, by virtue of subsection (3), consent under subsection (1) is not required).”.

(3) In section 17 (notification of other changes), for subsection (2), substitute— .

(4) The heading of section 17 becomes “Notification of changes”.

^I31^I639 Removal from Register: protection of assets¶

(1) Section 19 (removal from register: protection of assets) of the 2005 Act is modified as follows.

(2) For subsection (1) substitute—

(1) A body removed from the Register (under section 18 or otherwise) continues to be under a duty to apply its protected charitable assets—

(a) in accordance with its charitable purposes as set out in its entry in the Register immediately before its removal (its “most recent purposes”), and

(b) to provide public benefit in Scotland or elsewhere.

(1A) In this section, “protected charitable assets” means—

(a) any property acquired, or any property representing property acquired, before the body was removed from the Register,

(b) any property representing income which accrued before the body was removed from the Register, and

(1B) The application of protected charitable assets in accordance with a body’s most recent purposes is not to be presumed to be for the public benefit.

(1C) In determining whether a body is applying its protected charitable assets for public benefit, section 8(2) applies subject to the modifications in subsection (1D).

(1D) The modifications are that—

(a) in the opening words, the reference to determining whether a body provides or intends to provide public benefit is to be read as if it were a reference to determining whether a body is applying its protected charitable assets for public benefit,

(b) in the closing words of paragraph (a), the reference to the consequence of the body exercising its functions is to be read as if it were a reference to the consequence of the body applying its protected charitable assets.

(3) In subsection (2), for “property and income referred to in subsection (1)” substitute “its protected charitable assets”.

(4) In subsection (4), for “property or income” substitute “protected charitable assets”.

(5) In subsection (5)—

(a) in paragraph (a)—

(i) for “property or income”, in both places where it occurs, substitute “protected charitable assets”,

(ii) before “purposes” insert “charitable”,

(b) in paragraph (b), for “property and income” substitute “protected charitable assets”.

(6) In subsection (7)—

(a) for “property or income”, in the first place where it occurs, substitute “protected charitable assets”,

(b) for “that property or income” substitute “the protected charitable assets”.

^I32^I6410 Provision of documents: period for compliance¶

(1) Section 23 (entitlement to information about charities) of the 2005 Act is modified as follows.

(2) In subsection (1), the words “in such form as the person may reasonably request” are repealed.

(3) After subsection (1), insert— .

^I33^I6511 Disclosure of information by and to designated religious charities¶

(1) The 2005 Act is modified as follows.

(2) The heading of section 24 becomes “Disclosure of information by and to OSCR: public bodies or office-holders”.

(3) After section 24, insert— .

(4) In section 25 (removal of restrictions on disclosure of certain information)—

(a) in subsection (1), after paragraph (b) insert— ,

(b) after subsection (2), insert— .

^I34^I6612 Retention of accounting records¶

(1) Section 44 (accounts) of the 2005 Act is modified as follows.

(2) In subsection (2), for “in which they are made” substitute “to which they relate”.

(3) After subsection (2), insert— .

(4) In subsection (3), for “Subsection (2) is” substitute “Subsections (2) and (2A) are”.

^I35^I6713 Ability to appoint person to prepare statement of account¶

(1) Section 45 (failure to provide statement of account) of the 2005 Act is modified as follows.

(2) For subsection (1), substitute— .

^I36^I6814 Reports from auditors etc.¶

(1) Section 46 (duty of auditors etc. to report matters to OSCR) of the 2005 Act is modified as follows.

(2) In subsection (2), in the closing words, after “report” insert “in writing”.

^I37^I6915 Annual returns¶

(1) The 2005 Act is modified as follows.

(2) After section 48, insert— .

^I38^I7016 SCIO documents¶

(1) Section 52 (name and status) of the 2005 Act is modified as follows.

(2) After subsection (3), insert— .

(3) The heading of the section becomes “References in SCIO documents”.

^I39^I7117 Conversion of charity which is a company or registered society¶

(1) Section 56 (conversion of charity which is a company or registered friendly society: applications) of the 2005 Act is modified as follows.

(2) In subsection (1)(b), “(c.12)” is repealed.

(3) The heading of the section becomes “Conversion of charity which is a company or registered society: applications”.

^I40^I7218 Existing powers to make secondary legislation¶

(1) The 2005 Act is modified as follows.

(2) In section 64 (regulations relating to SCIOs)—

(a) the existing text becomes subsection (1),

(b) after subsection (1) (as formed), insert— .

(3) In section 102(b) (ancillary provision), at the end insert “or any provision made under it”.

(4) In section 103 (orders, regulations and rules)—

(a) in subsection (3), at the end insert “(including this Act)”,

(b) in subsection (4), for paragraphs (a) to (f) substitute— ,

^I41^I7319 Trustee remuneration¶

(1) The 2005 Act is modified as follows.

(2) In section 67 (remuneration for services)—

(a) in subsection (2), for paragraph (b) substitute— ,

(b) in subsection (4)(c), for “charity trustee who falls within sub-paragraph (a) or (b)” substitute “person who is party to an agreement or entitled to receive remuneration as mentioned in paragraph (a) or (b)”.

(3) In section 68(2)(b) (remuneration: supplementary), after “spouse” insert “or civil partner”.

^I42^I7420 Notices¶

(1) Section 100 of the 2005 Act (notices, applications etc.) is modified as follows.

(2) After subsection (5), insert—

(5A) Subsection (5B) applies where OSCR has cause to believe that giving or making a formal communication to a charity by the means specified in subsection (4)(b) or (5)(b) will not cause it to be received by the charity or, as the case may be, the charity trustee whose name is set out in the charity’s entry in the Register.

(5B) The communication may also be given or made by OSCR sending it by post in a prepaid registered letter, or by the recorded delivery service, addressed to the charity at such address or addresses as OSCR considers is likely to cause it to be received by the charity or a charity trustee of the charity.

(5C) Subsection (5D) applies where—

(a) OSCR has cause to believe that giving or making a formal communication of a specified notice to a charity, body or person by the means specified in subsection (4)(b) or (5)(b) will not cause it to be received by the charity, body or person, and

(b) based on the contact details OSCR holds for the charity, body or person, OSCR considers that it is not reasonably practicable to give or make the communication by the means specified in subsection (4)(a) or (c) or (5B).

(5D) The communication may also be given or made by such other means as OSCR considers appropriate (including, for example, by publishing the notice on its website or in a newspaper).

(5E) For the purposes of subsection (5C), a specified notice is one given by OSCR under—

(a) section 45A(2),

(b) section 72(1) so far as it relates to a decision referred to in one of the following paragraphs of section 71—

(i) paragraph (h),

(ii) paragraph (l) (so far as it relates to a direction under section 31(7) or (9)),

(iii) paragraph (mb),

(iv) paragraph (pb).

^I43^I7521 Variation of constitution¶

(1) Section 106 of the 2005 Act (general interpretation) is modified as follows.

(2) In the definition of “constitution”, insert as closing words— .

Footnotes

I1
S. 1 not in force at Royal Assent, see s. 21(2)
I2
S. 2 not in force at Royal Assent, see s. 21(2)
I3
S. 3 not in force at Royal Assent, see s. 21(2)
I4
S. 4 not in force at Royal Assent, see s. 21(2)
I5
S. 5 not in force at Royal Assent, see s. 21(2)
I6
S. 6 not in force at Royal Assent, see s. 21(2)
I7
S. 7 not in force at Royal Assent, see s. 21(2)
I8
S. 8 not in force at Royal Assent, see s. 21(2)
I9
S. 9 not in force at Royal Assent, see s. 21(2)
I10
S. 10 not in force at Royal Assent, see s. 21(2)
I11
S. 11 not in force at Royal Assent, see s. 21(2)
I12
S. 12 not in force at Royal Assent, see s. 21(2)
I13
S. 13 not in force at Royal Assent, see s. 21(2)
I14
S. 14 not in force at Royal Assent, see s. 21(2)
I15
S. 15 not in force at Royal Assent, see s. 21(2)
I16
S. 16 not in force at Royal Assent, see s. 21(2)
I17
S. 17 not in force at Royal Assent, see s. 21(2)
I18
S. 18 not in force at Royal Assent, see s. 21(2)
I19
S. 19 not in force at Royal Assent, see s. 21(2)
I20
S. 20 in force at 10.8.2023, see s. 21(1)
I21
S. 21 in force at 10.8.2023, see s. 21(1)
I22
S. 22 in force at 10.8.2023, see s. 21(1)
I23
Sch. para. 1 not in force at Royal Assent, see s. 21(2)
I24
Sch. para. 2 not in force at Royal Assent, see s. 21(2)
I25
Sch. para. 3 not in force at Royal Assent, see s. 21(2)
I26
Sch. para. 4 not in force at Royal Assent, see s. 21(2)
I27
Sch. para. 5 not in force at Royal Assent, see s. 21(2)
I28
Sch. para. 6 not in force at Royal Assent, see s. 21(2)
I29
Sch. para. 7 not in force at Royal Assent, see s. 21(2)
I30
Sch. para. 8 not in force at Royal Assent, see s. 21(2)
I31
Sch. para. 9 not in force at Royal Assent, see s. 21(2)
I32
Sch. para. 10 not in force at Royal Assent, see s. 21(2)
I33
Sch. para. 11 not in force at Royal Assent, see s. 21(2)
I34
Sch. para. 12 not in force at Royal Assent, see s. 21(2)
I35
Sch. para. 13 not in force at Royal Assent, see s. 21(2)
I36
Sch. para. 14 not in force at Royal Assent, see s. 21(2)
I37
Sch. para. 15 not in force at Royal Assent, see s. 21(2)
I38
Sch. para. 16 not in force at Royal Assent, see s. 21(2)
I39
Sch. para. 17 not in force at Royal Assent, see s. 21(2)
I40
Sch. para. 18 not in force at Royal Assent, see s. 21(2)
I41
Sch. para. 19 not in force at Royal Assent, see s. 21(2)
I42
Sch. para. 20 not in force at Royal Assent, see s. 21(2)
I43
Sch. para. 21 not in force at Royal Assent, see s. 21(2)
I44
S. 1 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I45
S. 6(1)(5) in force at 1.4.2024 for specified purposes by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I46
S. 8 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 3)
I47
S. 9 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I48
S. 12 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I49
S. 13(1)(2) in force at 1.4.2024 for specified purposes by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I50
S. 14 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I51
S. 15 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I52
S. 16 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 7)
I53
S. 17 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 4)
I54
S. 18 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 5)
I55
S. 19 in force at 1.4.2024 for specified purposes by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I56
Sch. para. 2 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I57
Sch. para. 3 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I58
Sch. para. 4 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I59
Sch. para. 5 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 6)
I60
Sch. para. 6 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I61
Sch. para. 7 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I62
Sch. para. 8 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I63
Sch. para. 9 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I64
Sch. para. 10 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1 (with reg. 8)
I65
Sch. para. 11 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I66
Sch. para. 12 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I67
Sch. para. 13 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I68
Sch. para. 14 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I69
Sch. para. 15 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I70
Sch. para. 16 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I71
Sch. para. 17 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I72
Sch. para. 18 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I73
Sch. para. 19 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I74
Sch. para. 20 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I75
Sch. para. 21 in force at 1.4.2024 by S.S.I. 2024/63, reg. 2(1), sch. Pt. 1
I76
S. 6(1)(6) in force at 1.10.2024 for specified purposes by S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
I77
S. 7 in force at 1.10.2024 by S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
I78
S. 19 in force at 1.10.2024 in so far as not already in force by S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
I79
Sch. para. 1 in force at 1.10.2024 by S.S.I. 2024/63, reg. 2(2), sch. Pt. 2
I80
S. 3 in force at 30.6.2025 by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1 (with reg. 3)
I81
S. 4 in force at 30.6.2025 for specified purposes by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1
I82
S. 5 in force at 30.6.2025 for specified purposes by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1
I83
S. 6 in force at 30.6.2025 for specified purposes by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1
I84
S. 13(1)(2) in force at 30.6.2025 in so far as not already in force by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1 (with reg. 4)
I85
S. 13(3) in force at 30.6.2025 by S.S.I. 2025/168, reg. 2(1)(3), sch. Pt. 1
I86
S. 4 in force at 31.8.2025 in so far as not already in force by S.S.I. 2025/168, reg. 2(2)(3), sch. Pt. 2
I87
S. 5 in force at 31.8.2025 in so far as not already in force by S.S.I. 2025/168, reg. 2(2)(3), sch. Pt. 2
I88
S. 6 in force at 31.8.2025 in so far as not already in force by S.S.I. 2025/168, reg. 2(2)(3), sch. Pt. 2
I89
S. 2 in force at 5.3.2026 by S.S.I. 2026/98, reg. 2(a) (with reg. 3)
I90
S. 10 in force at 5.3.2026 by S.S.I. 2026/98, reg. 2(b)
I91
S. 11 in force at 5.3.2026 by S.S.I. 2026/98, reg. 2(c)

Charities (Regulation and Administration) (Scotland) Act 2023

References to the 2005 Act¶

I1I441 Meaning of the “2005 Act”¶

Information about charity trustees etc.¶

I2I892 Inclusion of names of charity trustees in the Scottish Charity Register¶

I3I803 Information about charity trustees for OSCR’s use¶

Disqualification from being charity trustee etc.¶

I4I81I864 Disqualification: offences¶

I5I82I875 Disqualification: other cases¶

I6I83I886 Disqualification: senior management functions¶

I7I777 Record of persons removed from office¶

Appointment of interim charity trustees¶

I8I468 Appointment of interim trustees by OSCR¶

I9I479 Review of proposed appointment of interim trustee¶

Charity accounts¶

I10I9010 Preservation of and access to charity accounts and independent reports on accounts¶

I11I9111 Independent reports: minor and consequential modifications¶

I12I4812 Removal of non-responsive charities for failure to submit accounts¶

Charity mergers¶

I1313 Recording of charity mergers and treatment of legacies¶

Reorganisation of charities¶

I14I5014 Endowments¶

Inquiries¶

I15I5115 Inquiries about former charities etc.¶

I16I5216 Notice and obtaining information¶

I17I5317 Ability to issue positive directions¶

Connection to Scotland¶

I18I5418 Charities which it is not appropriate for OSCR to regulate¶

Further modification of the 2005 Act¶

I19I55I7819 Minor or technical amendments¶

Final provisions¶

I2020 Ancillary provision¶

I2121 Commencement¶

I2222 Short title¶

SCHEDULE ¶

Further modification of the 2005 Act

I23I791 Annual reports by OSCR: action taken to promote awareness and understanding of the 2005 Act¶

I24I562 Duty to review Register¶

I25I573 Removal of former bodies¶

I26I584 Ability to allow duplicate charity names as part of merger¶

I27I595 Change of name: delaying decision or granting or refusing consent¶

I28I606 Oversight in relation to working names¶

I29I617 Giving notice to OSCR: removal of 42 day rule¶

I30I628 Consent to and notification of changes¶

I31I639 Removal from Register: protection of assets¶

I32I6410 Provision of documents: period for compliance¶

I33I6511 Disclosure of information by and to designated religious charities¶

I34I6612 Retention of accounting records¶

I35I6713 Ability to appoint person to prepare statement of account¶

I36I6814 Reports from auditors etc.¶

I37I6915 Annual returns¶

I38I7016 SCIO documents¶

I39I7117 Conversion of charity which is a company or registered society¶

I40I7218 Existing powers to make secondary legislation¶

I41I7319 Trustee remuneration¶

I42I7420 Notices¶

I43I7521 Variation of constitution¶

Footnotes

^I1^I441 Meaning of the “2005 Act”¶

^I2^I892 Inclusion of names of charity trustees in the Scottish Charity Register¶

^I3^I803 Information about charity trustees for OSCR’s use¶

^I4^I81^I864 Disqualification: offences¶

^I5^I82^I875 Disqualification: other cases¶

^I6^I83^I886 Disqualification: senior management functions¶

^I7^I777 Record of persons removed from office¶

^I8^I468 Appointment of interim trustees by OSCR¶

^I9^I479 Review of proposed appointment of interim trustee¶

^I10^I9010 Preservation of and access to charity accounts and independent reports on accounts¶

^I11^I9111 Independent reports: minor and consequential modifications¶

^I12^I4812 Removal of non-responsive charities for failure to submit accounts¶

^I1313 Recording of charity mergers and treatment of legacies¶

^I14^I5014 Endowments¶

^I15^I5115 Inquiries about former charities etc.¶

^I16^I5216 Notice and obtaining information¶

^I17^I5317 Ability to issue positive directions¶

^I18^I5418 Charities which it is not appropriate for OSCR to regulate¶

^I19^I55^I7819 Minor or technical amendments¶

^I2020 Ancillary provision¶

^I2121 Commencement¶

^I2222 Short title¶

^I23^I791 Annual reports by OSCR: action taken to promote awareness and understanding of the 2005 Act¶

^I24^I562 Duty to review Register¶

^I25^I573 Removal of former bodies¶

^I26^I584 Ability to allow duplicate charity names as part of merger¶

^I27^I595 Change of name: delaying decision or granting or refusing consent¶

^I28^I606 Oversight in relation to working names¶

^I29^I617 Giving notice to OSCR: removal of 42 day rule¶

^I30^I628 Consent to and notification of changes¶

^I31^I639 Removal from Register: protection of assets¶

^I32^I6410 Provision of documents: period for compliance¶

^I33^I6511 Disclosure of information by and to designated religious charities¶

^I34^I6612 Retention of accounting records¶

^I35^I6713 Ability to appoint person to prepare statement of account¶

^I36^I6814 Reports from auditors etc.¶

^I37^I6915 Annual returns¶

^I38^I7016 SCIO documents¶

^I39^I7117 Conversion of charity which is a company or registered society¶

^I40^I7218 Existing powers to make secondary legislation¶

^I41^I7319 Trustee remuneration¶

^I42^I7420 Notices¶

^I43^I7521 Variation of constitution¶