OSCR wants to hear views on disqualifications for persons involved in charities.

Scotland’s charity regulator is urging members of the public and voices in the third sector to share their views on new charity law set to come into place next year. 

The implementation of important new measures in charity law is currently under way. 

The Office of the Scottish Charity Regulator (OSCR) is seeking views from charities and key stakeholders on how these changes should be implemented to help inform their decision-making and help make sure that charities can easily comply with the law.  

OSCR plans to provide information and guidance for charities that is helpful and reflects how they actually run.

One of the major changes to be introduced amends the rules that automatically disqualify someone from undertaking certain functions within a charity.

Currently, individuals are automatically disqualified from being a charity trustee if the: have an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005, or have been removed under either Scottish or English Law or the courts from being a charity trustee. 

Those who are undischarged bankrupt or have a Protected Trust Deed or have been disqualified from being a company director are also disqualified. 

The Charities (Regulation and Administration) (Scotland) Act 2023 will extend the range of people that will be disqualified – for instance, those convicted of terrorism, or who are on the sexual offenders register.

These rules will also apply to staff or volunteers undertaking a senior management function in a charity, not just trustees.

OSCR has the power to waive disqualifications in cases where affected individuals apply for this to be done, and we are interested in your views on how we should use this power.

OSCR is currently considering the extension of automatic disqualification rules and would like to hear your views on key aspects of the changes, which are expected to be introduced in mid-2025.

These will play a key part in the development process of the new measures. 

OSCR said this process of co-production with charities and stakeholders will allow them to implement the changes to charity law in the most effective way.