This Bill makes changes to the Charities and Trustee Investment (Scotland) Act 2005. It would:
This is a Government bill
The Bill became an Act on 9 August 2023
This Bill was passed and is now an Act of the Scottish Parliament.
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:
It has been 17 years since the 2005 Act. In this time changes have been made in England, Wales, and Northern Ireland to improve charity legislation. Parts of this Bill update Scottish legislation to keep in line with some of those changes.
OSCR suggested to the Scottish Government that the 2005 Act should be updated. The Scottish Government consulted on these suggested changes in 2019 and 2021.
Charities (Regulation and Administration) (Scotland) Bill as introduced (2MB, pdf) posted 15 November 2022
Explanatory Notes (436KB, pdf) posted 15 November 2022
Policy Memorandum (420KB, pdf) posted 15 November 2022
Financial Memorandum (395KB, pdf) posted 15 November 2022
Delegated Powers Memorandum (221KB, pdf) posted 15 November 2022
Statements on legislative competence (140KB, pdf) posted 15 November 2022
All Bills introduced in the Parliament must be accompanied by specific documents. For most Bills, this includes:
Explanatory Notes: this document provides an overview of what the Bill does, plus a more detailed explanation of individual sections.
Policy Memorandum: this sets out the objectives of the Bill. It also lists any alternatives considered, details of consultations, and an assessment of the effects of the Bill in a range of areas.
Financial Memorandum: this sets out estimates of costs, savings, and any changes to revenues expected to result from the Bill.
Delegated Powers Memorandum: this is needed if a Bill gives powers to make subordinate legislation or allows Scottish Ministers to issue directions, guidance or codes of practice.
Statements on legislative competence: two short statements, one by the Presiding Officer and one by the person introducing the Bill. “Legislative competence” means the powers the Parliament has to make law.
The Presiding Officer has decided under Rule 9.12 of Standing Orders that a financial resolution is not required for this Bill.
For each Bill, the Presiding Officer must decide if a 'Financial Resolution' is required. The main reasons a Bill would need a Financial Resolution are that:
If a Bill requires a Financial Resolution:
Charities (Regulation and Administration) (Scotland) Bill Keeling schedule (503KB, pdf) posted 15 November 2022
A Keeling schedule is a schedule to a bill which reproduces the provisions of an earlier Act of Parliament and shows the effect of the bill on that Act. It is usually added as an appendix to the proposed amendment.
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
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.
The lead committee for this Bill is the Social Justice and Social Security Committee. The lead committee considers and reports on the Bill.
Timetable
On 11 January 2023, the Parliament agreed motion S6M-07458, that consideration of the Charities (Regulation and Administration) (Scotland) Bill at stage 1 be completed by 28 April 2023.
On 26 April 2023, the Parliament agreed motion S6M-08702, that consideration of the Charities (Regulation and Administration) (Scotland) Bill at stage 1 be extended to 12 May 2023.
Engagement
On 1 March 2023, Committee Members met informally with a range of individuals from across the third sector as well as those representing accountancy and law firms.
Read the note of the meeting (689KB, pdf) posted 18 August 2022
See further details of the motion
The Bill ended Stage 1 on 11 May 2023
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.
Documents with the amendments considered at the meeting held on 1 June 2023.
A Stage 2 'Marshalled List' is a list of all the amendments that have been proposed at Stage 2 (or, if the Stage is mid-way through, all those still to be dealt with). They are listed in the order in which they will be called by the convener and then decided on.
A 'Groupings' list shows how the amendments that are listed in the Marshalled List have been grouped together for debate. Each group contains amendments that are related to each other, even if they are at different places in the Marshalled List.
Charities (Regulation and Administration) (Scotland) Bill revised explanatory notes
Charities (Regulation and Administration) (Scotland) Bill supplementary financial memorandum
Charities (Regulation and Administration) (Scotland) Bill supplementary delegated powers memorandum
The Bill ended Stage 2 on 1 June 2023
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.
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
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
Result 108 for, 0 against, 0 abstained, 21 did not vote Agreed
See further details of the motion
The Bill ended Stage 3 on 28 June 2023
If the Bill is passed, it is normally sent for Royal Assent after about 4 weeks. Royal Assent is when the Bill gets formal agreement by the King and becomes an Act of the Scottish Parliament. Some Acts become law straight after Royal Assent. Some only become law on a later date. Sometimes different bits of the same Act become law on different dates.
Charities (Regulation and Administration) (Scotland) Act 2023