Fundraising
The Act
Part 2 of the Charities and Trustee (Scotland) Act 2005 outlines powers and requirements in relation to Fundraising for Benevolent Bodies.
The aspects of fundraising covered by the Act include:-
- Section 81 the requirement for professional fundraisers (or commercial participants in a fundraising scheme) to have and to abide by a formal agreement between them and the benevolent body.
- Requirement for professional fundraisers (or commercial participants in a fundraising scheme) to provide statements of information to donors detailing their remuneration arrangements.
- Section 82 Benevolent organisations, under certain circumstances, can obtain an interdict banning fundraising on their behalf.
- Regulations controlling the collection of money from the public, and those carrying out such collections.
Charities and Benevolent Fundraising (Scotland) Regulations 2009
The Regulations introduce new requirements regarding:
- the information which must be supplied when funds are sought on behalf of a benevolent body
- the required content for fundraising agreements between benevolent bodies and those who fundraise on their behalf.
OSCR has produced Guidance which will assist benevolent bodies and those who fundraise on their behalf to understand and comply with the Regulations . The guidance does not cover cash collections or the collection of goods. It is anticipated this will be addressed in the forthcoming regulations covering Public Benefit Collections.
Fundraising Standards Board
The Fundraising Standards Board, which is UK wide, is a form of self-regulation whereby benevolent bodies (including charities) can join. By joining they are signing up to working to a set of standards,set by the Institute of Fundraising and also a Donor’s Charter. Donors can then make complaints about members they think are not adhering to these standards. Complaints about non members should be referred to OSCR. Please see our How to complain about a charity page.
To find out more about the Fundraising Standards Board and which organisations are members, go to the FRSB website.
OSCR has a Memorandum of Understanding (MOU) with the Fundraising Standards Board setting out how complaints will be dealt with by each regulator.
