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REGULATING CHARITIES – THE SCOTTISH APPROACH Jane Ryder, Chief Executive, OSCR

REGULATING CHARITIES – THE SCOTTISH APPROACH Jane Ryder, Chief Executive, OSCR. A place on the map is also a place in history Adrienne Rich. Scotland Pre 1990 Context Separate legal system & jurisdiction Existing law of public trusts

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REGULATING CHARITIES – THE SCOTTISH APPROACH Jane Ryder, Chief Executive, OSCR

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  1. REGULATING CHARITIES – THE SCOTTISH APPROACH Jane Ryder, Chief Executive, OSCR

  2. A place on the map is also a place in history Adrienne Rich

  3. Scotland Pre 1990 Context • Separate legal system & jurisdiction • Existing law of public trusts • Recognition as “charitable trust” – technical issue of tax relief • Not of validity • - IR v Pemsel 1890 • - IR v Glasgow Police 1953

  4. Scotland Post 1990 Context • 1990 Law Reform (Misc. Provisions) (Scotland) Act introduced limited regulation in Scotland • IR the gatekeeper of status • No public Register of charities • No central requirement to lodge accounts

  5. Scotland Post Devolution Context • UK tax reserved • Charity devolved responsibility under Scotland Act

  6. The Route to Charity Law Reform • Scotland: • McFadden Commission reported May 2001 • Scottish Executive Advisory Forum 2002 • Justice Minister Statement 2002 • Scottish Elections: May 2003 change of Ministerial Portfolio

  7. The Route to Charity Law Reform (2) • Scotland: • OSCR established 16 December 2003 • Draft Bill published 2 June 2004 • Bill in legislative programme September 2004

  8. The Route to Charity Law Reform (3) • England: • Strategy Unit report September 2002 • Draft Bill published 27 May 2004 • Joint Committee scrutiny • Legislative programme

  9. Role of Regulation • A means not an end • Legacy and expectations

  10. Principles of Regulation • Better Regulation Task Force: • - Independent • - Proportionate • - Accountable • - Transparent • - Consistent • Fair • Freedom of Information • Data Protection • Accountability & participation • Importance of intermediaries

  11. Objectives of Scottish Charity Regulation • Establishing public confidence – sector reputation and individual compliance • Public accountability for the benefits of status • Public guardianship of intentions of founders and donors

  12. But OSCR is not directly regulating: • Service dimension • Effectiveness & efficiency • Social and economic impact

  13. OSCR Challenges: • Draft legislation: • - charity objectives, functions • - appropriate powers • - the charity test

  14. OSCR Challenges: • Securing resources • - proactive or reactive? • - Fraser Inquiry

  15. OSCR Challenges: • Technical Infrastructure & Information Management • Business models and cultures

  16. OSCR Challenges: • Setting priorities • Managing expectations

  17. OSCR Challenges: • Dual regulation • Negotiating relationships

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