Charity law is changing. Click here to find out how the changes will affect your charity.

Trustee form test

 

Is your charity a SCIO? The Scottish Charitable Incorporated Organisation is a legal form unique to Scottish charities and is able to enter into contracts, employ staff, incur debts, own property, sue and be sued.
Is your charity trading? The Scottish Charitable Incorporated Organisation is a legal form unique to Scottish charities and is able to enter into contracts, employ staff, incur debts, own property, sue and be sued.
Is your charity also a social enterprise? There is no legal definition of a Social Enterprise in Scotland, and different stakeholders have their own views about what the characteristics of a social enterprise are. It’s generally recognised that a Social Enterprise is a business and operates on a profit-making basis, putting those profits back into the social mission or purpose of the organisation.
Is the organisation a grant giving charity? Charities can give grants in different circumstances and for different reasons, as long as it advances their charitable purposes, is in line with their governing document and the 2005 Act.
Is your charity involved in political campaigning? Our position is that charities can campaign on political issues to advance their charitable purposes, including during electoral periods, as long as the requirements of charity law, and where necessary electoral law, are met.
Does your charity’s board contain elected members?
Does your charity use social media?
Is your charity a cross-border charity? Most of the charities that operate in both England and Wales and Scotland are registered with OSCR and with the Charity Commission for England and Wales (CCEW), these are known as ‘cross-border’ charities.
Does your charity work with children or vulnerable adults?
Is your charity looking to produce or update a reserves policy? Reserves are the funds that your charity has which can be freely spent on any of its charitable purposes.

 

Scroll to top