In a move that closely mirrors the recent publication by the UK Government of a draft Charities Bill for England and Wales (ArtsProfessional Issue 75, May 31, p1), the Scottish Executive has issued a public consultation paper giving details of a proposed regulatory framework designed to ensure public confidence in Scottish charities.
The draft Charities and Trustee Investment (Scotland) Bill sets out a number of new measures, including the creation of a new Scottish definition of charity based on the principle of public benefit. This is compatible with the definition adopted by the UK Government, and includes the ‘advancement of arts, heritage, culture or science’ as one of 13 charitable purposes. Any organisation wishing to qualify for charitable status will have to prove first, that its purposes fall within one or more of the categories in the new list and second, that it will provide public benefit. It will no longer be the case that some causes are automatically presumed to be charitable.
An enhanced range of powers is proposed for the recently established Office of the Scottish Charity Regulator (OSCR) which will gain responsibility for granting charitable status and maintaining a statutory register of all charities operating in Scotland. Jane Ryder, the Chief Executive of OSCR who was formerly Director of the Scottish Museums, said: “…the draft bill [will] encourage charities and those with an interest in the sector to make their voices heard and their views known. OSCR has been working with interested organisations to provide guidance and support to the voluntary sector and we are soon to pilot a monitoring programme that will take us towards the full regulatory process.” A copy of the consultation paper is available at http://www.scotland.gov.uk/consultations.