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Charities Regulation and Administration Bill

This Bill makes changes to the Charities and Trustee Investment (Scotland) Act 2005. It would:

  • give OSCR wider powers to investigate charities and charity trustees
  • amend the rules on who can be a charity trustee or a senior office-holder in a charity
  • increase the information that OSCR holds about charity trustees
  • update the information which needs to be included on the Scottish Charity Register
  • create a record of charities that have merged

 

The Bill ended Stage 3 on 23 March 2021

 

This is a Government bill

The Bill became an Act on 9 August 2023

Introduced: the Bill and its documents

Overview

Scottish charities are regulated by an independent body. This body is called the Office of the Scottish Charity Regulator (OSCR).

OSCR was established under the Charities and Trustee Investment (Scotland) Act 2005 (the 2005 Act). The 2005 Act sets out the powers that OSCR has to regulate charities. This includes publishing and maintaining the Scottish Charity Register.

This Bill makes changes to the 2005 Act. It would:

  • give OSCR wider powers to investigate charities and charity trustees
  • amend the rules on who can be a charity trustee or a senior office-holder in a charity
  • increase the information that OSCR holds about charity trustees
  • update the information which needs to be included on the Scottish Charity Register
  • create a record of charities that have merged

Accompanying Documents

Read the Explanatory Notes (296KB, pdf) posted 02 October 2019

Read the Policy Memorandum (155KB, pdf) posted 06 September 2019

Read the Financial Memorandum (270KB, pdf) posted 07 November 2019

Crown Consent

This Bill requires Crown consent. It is expected that this consent will be signified at Stage 3.

Additional information from the Scottish Government at Introduction

Keeling Schedule

Charities (Regulation and Administration) (Scotland) Bill Keeling schedule (315KB, pdf) posted 04 March 2020

Research on the Bill

The Scottish Parliament's Information Centre (SPICe) prepares impartial research and analysis to assist MSP's in their examination of Bills and other parliamentary business.

Charities (Regulation and Administration) (Scotland) Bill briefing

The Bill was introduced on 15 November 2022

Stage 1: general principles

At Stage 1, the Bill is given to a lead committee. This is usually the committee whose remit most closely relates to the subject of the Bill. The lead committee will consider and report on the Bill. Other committees can also examine the Bill and report to the lead committee.  

Lead committee examines the Bill

The lead committee for this Bill is the Social Justice and Social Security Committee. The lead committee considers and reports on the Bill.

Call for views (open)

The Committee asked for views on the Bill via:

A short survey

A more detailed consultation, comprised of ten long-form questions

The consultation closed on 3 February 2023.

View the published responses to the consultation

The Scottish Parliament Information Centre (SPICe) have summarised the written evidence that was received.

Read the SPICe summary of evidence briefing

The lead committee's meetings to consider the Bill

Stage 1 Report by the lead committee

The lead committee published its report on 28 April 2023.

Charities (Regulation and Administration) (Scotland) Bill Stage 1 report

The committee received the following response to its report: 

Letter from the Cabinet Secretary for Social Justice

Work by other committees

Finance and Public Administration Committee


Delegated Powers and Law Reform Committee


Stage 1 Debate and decision

A Stage 1 debate took place on 11 May 2023 to consider and decide on the general principles of the Charities (Regulation and Administration) (Scotland) Bill

Minutes of proceedings

  • Motion title: Charities (Regulation and Administration) (Scotland) Bill
  • Text of motion: That the Parliament agrees to the general principles of the Charities (Regulation and Administration) (Scotland) Bill.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Friday, 05 May 2023
  • Motion reference: S6M-08870
  • Current status: Taken in the Chamber on Thursday, 11 May 2023

See further details of the motion


Parliament agreed the general principles of the Bill

The Bill ended Stage 1 on 11 May 2023

Stage 2: changes to the Bill

At Stage 2, MSPs can propose changes to a Bill. These are called 'amendments'. Any MSP can suggest amendments but only members of the Stage 2 committee can decide on them. 

Stage 2 Amendments

Documents with the amendments considered at the meeting held on 1 June 2023.

First meeting on amendments

Stage 2 report

The committee published its report on the 19 June 2022

After stage 2

The Bill ended Stage 2 on 1 June 2023

Stage 3: final changes and vote

At Stage 3, MSPs can propose further amendments (changes) to the Bill. These are debated and decided on in the Debating Chamber. At this stage, all MSPs can vote on them.  There is then a debate on whether to pass the Bill. If the Bill is not passed, it ‘falls’ and can't become law. 

Latest Stage 3 Amendments

MSPs had until 29 June 2022 to submit amendments. Those which have been “selected” (chosen for debate) by the Presiding Officer will be considered during a debate in the Chamber about the Bill.

Documents with the amendments to be considered at the meeting held on 28 June 2023.

Marshalled list of amendments for Stage 3

Groupings of amendments for Stage 3

Read the minutes of proceedings 

Final Vote on the Bill

[Insert meeting links here]
  • Motion title: Charities (Regulation and Administration) (Scotland) Bill
  • Text of motion: That the Parliament agrees that the Charities (Regulation and Administration) (Scotland) Bill be passed.
  • Submitted by: Shirley-Anne Somerville
  • Date lodged: Monday, 26 June 2023
  • Motion reference: S6M-09725
  • Current status: Taken in the Chamber on Wednesday, 28 June 2023

Result 108 for, 0 against, 0 abstained, 21 did not vote Agreed

See further details of the motion


The Parliament decided to pass the Bill

Printing changes

Printing changes are changes to the text of a Bill for which amendments are not required. It will not change the legal effect of the Bill.

Charities (Regulation and Administration) (Scotland) Bill printing changes after the Bill as Passed

The Bill ended Stage 3 on 28 June 2023

Bill becomes an Act

If the Bill is passed, it can receive Royal Assent and become an Act.