Charities should liase with watchdog's website to stay informed of changes

Two new changes to charity law contained in the Charities (Scotland) Act 2023 come into effect today (1 October).

These changes relate to a charity’s connection to Scotland and a public Record of Removed Persons.

The Act introduces several measures over a period of time. The first took effect from 1 April 2024, with further measures to be introduced mid-2025 onwards.

OSCR’s website now has a publicly searchable record of people removed from being concerned in the management and control of a charity. The individuals in this record have been disqualified from serving as charity trustees in Scotland by the Court of Session unless they have a waiver of disqualification.  They must not be appointed as, or serve as, charity trustees.

You can search the record here: Record of Removed Persons.

This list will help charities carry out due diligence on prospective new trustees. However, it is important to know that someone who is not on it can still be disqualified from being a charity trustee. In addition to being permanently disqualified by the Court of Session, someone can also be disqualified for:

• having an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005
• being an undischarged bankrupt or having a Protected Trust Deed
• being removed under either Scottish or English Law or the courts from being a charity trustee
• being disqualified from being a company director.

Charities should always check if a trustee is eligible to take up the position before they start and should regularly review the disqualification criteria against its existing trustees.

In a future measure coming in mid-2025, the Charities (Regulation and Administration) (Scotland) Act 2023 will extend the criteria above. The new range of criteria will now include, for instance, those convicted of terrorism, or who are on the sexual offenders register.

And also from today, charities on the Scottish Charity Register must be able to demonstrate a connection to Scotland when conducting their activities.

A small number of charities have already been contacted by OSCR to clarify their existing connection to Scotland ahead of this change, or to resolve any issues.

In looking at this issue OSCR considers: 

• Whether the applicant has (or intends to have) a principal office in Scotland
• Whether the occupant occupies (or intends to occupy) any land or premises in Scotland
• Whether the applicant carries out (or intends to carry out) activities in any office, shop or similar premises in Scotland
• Whether the applicant is established under the law of Scotland
• Whether any of the persons who are (or are to be) concerned in the management or control of the applicant are resident in Scotland
• Any other relevant factors

If you have a concern about a charity’s connection to Scotland, submit a concern form to OSCR.