The Charities and Trustee Investment (Scotland) Act 2005
Introduction
The Charities and Trustee Investment (Scotland) Act 2005 establishes a system of charity regulation in Scotland. The Office of the Scottish Charity Regulator was established through Part 1 of the Act and is required to regulate all charities in Scotland.
What’s in the Act
For detailed knowledge download the Act and Explanatory Notes. We also publish an overview of the new legislation.
The main points you should know
Part 1 – Charities
Part 1 of the Act is very detailed and outlines a wide range of requirements for charities and also the powers of OSCR. Key parts of the Act you should be aware of are:
- All Scottish charities must be on the Scottish Charity Register
- If you want to be a new charity, do you pass the Charity Test?
- If you are an existing charity are you aware of when you need to notify OSCR of changes or seek our consent?
- OSCR has power of enquiry and intervention over charities and can apply directions if necessary. Any directions given to a charity will be outlined in their entry on the Register.
- New Accounting Regulations have been produced, see OSCR's Accounting Guidance for further detail.
- The Act provides information on the duties of Charity Trustee, see OSCR Guidance for Charity Trustees for further details and best practice.
- Decisions made by OSCR can be reviewed and appealed through the Scottish Charity Appeals Panel..
Part 2 – Fundraising
Part 2 of the Act details requirements and powers in relation to Fundraising for Benevolent Bodies. Regulations for this area are still to be finalised however further details can be found on our Fundraising page.
Part 3 – Investment Powers of Trustees
Part 3 of the Act outlines the extension of investment powers of trustees. OSCR will develop Trustee Guidance on these powers.
Download OSCR's guidance publication: Charity Regulation in Scotland - an overview
