September 22, 2009
Scottish Charity Regulation
Third Sector recently reported that the Office of the Scottish Charity Regulator (OSCR) (which was established in 2006, as a non-ministerial department in the Scottish Administration) has called for changes in Scottish charity law.
OSCR's primary recommendation calls for the passing of a law to allow it greater flexibility in issuing, varying and revoking the formal directions that it imposes on charities. Currently, OSCR has no authority to vary its formal directions once they have been issued, and. ttherefore, it cannot take into account any changes or new evidence that emerge during the period of a formal direction. It seeks the power to vary its directions so as to take account of changes as they arise in a way which ffacilitates compliance rather than having to resort to a sanctions-based approach. In addition, OSCR wants the authority to direct trustees to take specific actions; and to require that charities on the Scottish register retain a continuing connection to Scotland.
The Scottish Government has responded positively to OSCR's recommendations.
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