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:
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
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 (689KB, pdf) posted 18 August 2022
Explanatory notes (689KB, pdf) posted 18 August 2022
Policy memorandum (505KB, pdf) posted 02 March 2023
Financial Memorandum (689KB, pdf) posted 18 August 2022
Delegated Powers Memorandum (689KB, pdf) posted 18 August 2022
Statements on Legislative Competence (505KB, pdf) posted 02 March 2023
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 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 (689KB, pdf) posted 18 August 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.
A Stage 1 debate took place on 11 May 2023 2022 to consider and decide on the general principles of the Charities (Regulation and Administration) (Scotland) Bill.
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.
MSPs had until 19 February 2022 to submit amendments. The submitted amendments have been gathered together and MSPs are now considering them. The next step will be for them to vote on whether each amendment or group of amendments should be accepted or rejected.
Stage 2 is expected to be completed by 8 June 2022
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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.
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
Result 108 for, 0 against, 0 abstained, 21 did not vote Agreed
See further details of the motion
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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.