Scottish Registration of English and Welsh Charities

14 September 2006

Non-Scottish charities should consider now, whether their activities will require registration north of the Border next year.

OSCR is writing to charities in England in Wales who may be required to apply for charitable status in Scotland under new legislation.

The Charities and Trustee Investment (Scotland) Act 2005, enacted in April this year, requires all charities with a ‘significant presence’ in Scotland to register with OSCR.  The Regulator has produced updated guidance which is being mailed out with application forms, beginning this week, to nearly 700 non-Scottish charities. 

OSCR’s Head of Charities, Marieke Dwarshuis, explained that all charities active in Scotland had to register with OSCR in order to refer to themselves as a charity.

‘We are now beginning the registration process for such charities following our joint statement with the Charity Commission at the end of last year and our agreed timetable for this process,’ she said.  ‘Under the 2005 Act, for an organisation to be entered in the Scottish Charity Register and therefore have charitable status, it must pass the new charity test.

‘English and Welsh charities and UK-wide charities based in England and Wales should consider whether their activities constitute a significant presence, such as occupying premises,’ she added.  ‘We are writing to charities from this week to encourage them to apply to OSCR and have recommended that they respond with a completed application within six weeks to allow the process to meet the time limit specified in the Act.’

Download the application form and trustee declaration form.

The Act requires such charities to have been entered in the Scottish Charity Register by the end of February 2007.  OSCR’s new 'Guidance for Registration with OSCR of England and Wales charities' can be downloaded at www.oscr.org.uk and OSCR can be contacted on 01382 220 446 or at info@oscr.org.uk