The Charity Law Team deals with policy issues relating to charity law and regulation in Scotland. The focus of our work has been the development of the Charities and Trustee Investment (Scotland) Act 2005 and will now turn to implementation of the Act. We also provide liaison with the Office of the Scottish Charity Regulator (OSCR).
The Charities and Trustee Investment (Scotland) Act 2005 received Royal Assent on 14 July 2005.
As with other Acts of the Scottish Parliament, the implementation of the Charities and Trustee Investment (Scotland) Act 2005 has been a phased process. We will be developing and consulting on further secondary legislation under the Act.
Background
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 on 24 September 2003 , Margaret Curran, Minister for Communities, 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 take over all 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. For more information on OSCR and its work, visit www.oscr.org.uk