Give us your views on important changes to charity law
The implementation of important new measures in charity law is currently under way. OSCR is seeking views from charities and key stakeholders on how these changes should be implemented. We want your help to inform our decision-making and help make sure that charities can easily comply with the law which is expected to come into force mid 2025.
We want to understand your concerns or questions, and 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 they:
- have an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005
- are an undischarged bankrupt or have a Protected Trust Deed
- have been removed under either Scottish or English Law or the courts from being a charity trustee
- have been disqualified from being a company director
The Charities (Regulation and Administration) (Scotland) Act 2023 extends the criteria that result in the automatic disqualification of trustees. The new range of criteria will now include, for instance, those convicted of terrorism, or who are on the sexual offenders register.
These criteria which have previously only applied to trustees, are being extended to include staff or volunteers who undertake a senior management function for a charity.
OSCR still has the power to waive individual disqualifications in specific cases.
Following this extension we would like to hear your views on how these changes will impact your charity.
Share your views on the new measures
Help us to understand the impact of these new measures on your charity by completing our short survey on automatic disqualification changes. We want to hear your views on the following topics:
- What checks do you currently make on whether your trustees fall into any of the disqualification criteria?
- What else will you need to do to comply with the new measures?
- What would be the effect if you found that someone undertaking one of the affected functions was likely to be disqualified?
- What guidance should OSCR provide to a relevant person who will meet the criteria for automatic disqualification once the measure is introduced?
- What guidance should OSCR give to a relevant person who will be disqualified for a limited period of time following a change in their circumstances?
- What guidance do charities need if a person will be disqualified once the new measures are brought into effect?
- What factors should OSCR take into account in considering whether an individual’s disqualification should be waived?
- How should charities ensure that they comply with the new criteria for automatic disqualification?
- What else do we need to consider regarding the automatic disqualification of people undertaking senior management functions within charities?
Your views will play a key part in the development process of the new measures. This process of co-production with charities, stakeholders and OSCR will allow us to implement the changes to charity law in the most effective way.
The short survey can be completed here:
Survey on automatic disqualification changes introduced by the Charities Act 2023.
If you would like to respond, please do so by 01 October 2024.
If you would like to contribute beyond the survey or speak with OSCR about the Charities Act 2023, please contact OSCR by emailing: engagement@oscr.org.uk.