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Charities (Regulation and Administration) (Scotland) Bill

This Bill makes changes to the Charities and Trustee Investment (Scotland) Act 2005. It would:

  • give OSCR wider powers to investigate charities and charity trustees
  • amend the rules on who can be a charity trustee or a senior office-holder in a charity
  • increase the information that OSCR holds about charity trustees
  • update the information which needs to be included on the Scottish Charity Register
  • create a record of charities that have merged

This is a Government bill

The Bill became an Act on 9 August 2023

Introduced: the Bill and its documents

Overview

Scottish charities are regulated by an independent body. This body is called the Office of the Scottish Charity Regulator (OSCR).

OSCR was established under the Charities and Trustee Investment (Scotland) Act 2005 (the 2005 Act). The 2005 Act sets out the powers that OSCR has to regulate charities. This includes publishing and maintaining the Scottish Charity Register.

This Bill makes changes to the 2005 Act. It would:

  • give OSCR wider powers to investigate charities and charity trustees
  • amend the rules on who can be a charity trustee or a senior office-holder in a charity
  • increase the information that OSCR holds about charity trustees
  • update the information which needs to be included on the Scottish Charity Register
  • create a record of charities that have merged

Why the Bill was created

It has been 17 years since the 2005 Act. In this time changes have been made in England, Wales, and Northern Ireland to improve charity legislation. Parts of this Bill update Scottish legislation to keep in line with some of those changes.

OSCR suggested to the Scottish Government that the 2005 Act should be updated. The Scottish Government consulted on these suggested changes in 2019 and 2021.

Accompanying Documents

Explanatory Notes (436KB, pdf) posted 15 November 2022

Policy Memorandum (420KB, pdf) posted 15 November 2022

Financial Memorandum (395KB, pdf) posted 15 November 2022

Delegated Powers Memorandum (221KB, pdf) posted 15 November 2022

Statements on legislative competence (140KB, pdf) posted 15 November 2022

Accompanying Documents (print versions)

Explanatory Notes (436KB, pdf) posted 15 November 2022

Policy Memorandum (420KB, pdf) posted 15 November 2022

Financial Memorandum (395KB, pdf) posted 15 November 2022

Delegated Powers Memorandum (221KB, pdf) posted 15 November 2022

Statements on legislative competence (140KB, pdf) posted 15 November 2022

Financial Resolution

The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSPs in their examination of Bills and other parliamentary business.

Research briefing on the Charities (Regulation and Administration) (Scotland) Bill

The Bill was introduced on 15 November 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees may also examine the Bill and report to the lead committee. Finally, there is a debate and vote by all MSPs on the general principles of the Bill. If the general principles are not agreed to, then the Bill ‘falls’ and can’t become law.

Lead committee examines the Bill

The lead committee for this Bill is the Social Justice and Social Security Committee. The lead committee considers and reports on the Bill.

Timetable

On 11 January 2023, the Parliament agreed motion S6M-07458, that consideration of the Charities (Regulation and Administration) (Scotland) Bill at stage 1 be completed by 28 April 2023.

On 26 April 2023, the Parliament agreed motion S6M-08702, that consideration of the Charities (Regulation and Administration) (Scotland) Bill at stage 1 be extended to 12 May 2023.

Meetings of the lead committee

Engagement

On 1 March 2023, Committee Members met informally with a range of individuals from across the third sector as well as those representing accountancy and law firms.

Read the note of the meeting (124KB, pdf) posted 09 March 2023

Correspondence: lead committee

Charities (Regulation and Administration) (Scotland) Bill - Register of Persons Holding a Controlled Interest in Land

Letter from the Cabinet Secretary for Rural Affairs, Land Reform and Islands and the Cabinet Secretary for Social Justice to the Social Justice and Social Security Committee, 12 June 2023

Charities (Regulation and Administration) (Scotland) Bill Stage 2

Letter from the Cabinet Secretary for Social Justice to the Social Justice and Social Security Committee, 8 June 2023

Scottish Government response to the Charities (Regulation and Administration) (Scotland) Bill Stage 1 report

Letter from the Cabinet Secretary for Social Justice to the Convener of the Social Justice and Social Security Committee, 22 May 2023

Office of the Scottish Charity Regulator response to Charities (Regulation and Administration) (Scotland) Bill Stage 1 report

Letter from the Office of the Scottish Charity Regulator to the Social Justice and Social Security Committee, 11 May 2023

Scottish Government response to Charities (Regulation and Administration) (Scotland) Bill Stage 1 report

Letter from the Cabinet Secretary for Social Justice, 5 May 2023

See a full list of Stage 1 correspondence for this committee

Stage 1 report by the lead committee

The lead committee published its report on 28 April 2023.

Charities (Regulation and Administration) (Scotland) Bill Stage 1 Report

The committee received the following response to its report:

Letter from the Cabinet Secretary for Social Justice (148KB, pdf) posted 23 May 2023

Work by other committees

Delegated Powers and Law Reform Committee

The Delegated Powers and Law Reform Committee published a report on 10 February 2023

Read the report


Finance and Public Administration Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 11 May 2023 to consider and decide on the general principles of the Bill.

  • Motion title: Charities (Regulation and Administration) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Charities (Regulation and Administration) (Scotland) Bill.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Friday, 05 May 2023
  • Motion reference: S6M-08870
  • Current status: Taken in the Chamber on Thursday, 11 May 2023

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 11 May 2023

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Meeting on amendments

Documents with the amendments considered at the meeting held on 1 June 2023.

Marshalled List of Amendments for Stage 2 (429KB, pdf) posted 25 May 2023

Groupings of Amendments for Stage 2 (571KB, pdf) posted 25 May 2023

After Stage 2

Delegated Powers and Law Reform Committee

Report published on 21 June 2023

The Bill ended Stage 2 on 1 June 2023

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Debates on proposed amendments

Documents with the amendments to be considered at the meeting held on 28 June 2023.

Marshalled list of amendments for Stage 3 (210KB, pdf) posted 22 June 2023

Groupings of amendments for Stage 3 (235KB, pdf) posted 22 June 2023

Final debate on the Bill

Once MSPs have debated and decided on the amendments, they debate whether to pass the Bill.
  • Motion title: Charities (Regulation and Administration) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Charities (Regulation and Administration) (Scotland) Bill be passed.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 26 June 2023
  • Motion reference: S6M-09725
  • Current status: Taken in the Chamber on Wednesday, 28 June 2023

Result 108 for, 0 against, 0 abstained, 21 did not vote Vote Passed

See further details of the motion


Parliament decided to pass the Bill

Printing changes

Printing changes are changes to the text of a Bill. They will not change the legal effect of the Bill.

Charities (Regulation and Administration) (Scotland) Bill printing changes after the Bill as passed (82KB, pdf) posted 20 July 2023

The Bill ended Stage 3 on 28 June 2023

Bill becomes an Act

The Bill was passed on 28 June 2023 and became an Act on 9 August 2023

Read the Act

Charities (Regulation and Administration) (Scotland) Act 2023