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Latest Updates
The links below take you to the sections within the information channel which have recently been changed or updated in some way or any new pages which have been added.
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The Financial Crisis, the Economic Downturn - Index Page - 02 Jul 09 Updated!
The Global Financial Crisis has potentially severe implications for the sustainability of the Scottish voluntary sector which is already facing serious financial difficulties. This page links to resources held on the SCVO website specifically on the financial crisis and economic downturn.
Third Sector Research Conference - Call for Papers - 29 Jun 09 Updated!
Open invitation to submit papers for presentation at October's Third Sector Research Conference.
Trusts and Trustee Investment Powers - 23 Jun 09 Updated!
This page explains what a trust is, how it might operate and some of the associated advantages and disadvantages of this structure.
Campaigning by Charities in Scotland - 23 Jun 09 Updated!
This page covers the position of charities with respect to politcal campaigning, the absence of a clear legal position in Scotland and the usefulness of Charity Commission guidance.
Charity Subsidiaries - 23 Jun 09 Updated!
This page explains what a charity subsidiary is and why a charity might want one - it includes a note on trading.
A short miscellany of smaller but nevertheless important sections of the Charities and Trustee Investment (Scotland) Act 2005 - 23 Jun 09 Updated!
Includes information about common investment schemes and common deposit schemes; 'formal communications'; the guilt of an individual in relation to that of a body corporate; definitions of 'control, charity, charity trustees, constitution and misconduct'.
Fundraising Part 5: Public Benevolent Collections - 23 Jun 09 Updated!
The Act sets out some new provisions for fundraising in Scotland and brings into charity law some provisions previously ‘dotted about’ in other law. This page provides a good deal of information on the rules about 'public benevolent collections' - which includes street collections.
Fundraising Part 4: Fundraising Regulations - 23 Jun 09 Updated!
The Act sets out some new provisions for fundraising in Scotland. This page sets out the areas in which fundraising regulations can/might be made and once regulations actually have been made the page will highlight them.
Fundraising Part 3: Unauthorised Fundraising - 23 Jun 09 Updated!
The Act sets out provisions for fundraising in Scotland. This page explains what 'unauthorised fundraising' is and how it can be prevented.
Fundraising Part 2: Formal Agreements - 23 Jun 09 Updated!
The Act sets out provisions for fundraising in Scotland. This page covers the need for formal agreements between those raising funds and those who are to receive them.
Fundraising Part 1: Introduction and General Definitions - 23 Jun 09 Updated!
The Act sets out provisions for fundraising in Scotland. This page notes some of the key defintions that apply to those people who are involved in raising funds.
Appeals against the decisions of OSCR Part 2: Appeals to OSCR and the Scottish Charity Appeals Panel - 23 Jun 09 Updated!
Initially a charity can ask OSCR to review most of its decisions. Thereafter a charity can appeal to the Scottish Charity Appeals Panel (which is free) and ultimately the Courts. This page gives the legal detail on 'SCAP'.
Appeals against the decisions of OSCR Part 1: The nature of 'decisions' - 23 Jun 09 Updated!
Initially a charity can ask OSCR to review most of its decisions. Thereafter a charity can appeal to the Scottish Charity Appeals Panel (which is free) and ultimately the Courts. This page provides the detail of what the law means by 'decisions'.
Offences under the Charities and Trustee Investment Act (Scotland) Act 2005: A Summary - 23 Jun 09 Updated!
There are a number of actions (taken with respect to charities) that are now deemed criminal offences and punishable by a fine and/or a prison term.
Disqualification from being a Charity Trustee - 23 Jun 09 Updated!
There are defined criteria for disqualification, which OSCR has the power to waive in certain circumstances.
Remuneration (Payment) of Charity Trustees - 23 Jun 09 Updated!
In general it is not permitted to pay charity trustees of a charity registered in Scotland, however there are a number of complex rules under which it is permitted and there is scope for some exceptions.
Duties of Charity Trustees - 23 Jun 09 Updated!
Trustees are under general duties to act in the interests of the charity, make sure it does what it was set up to do, act with care and diligence, avoid conflicts of interest make sure they and their charity comply with the Act. Breach of duty is considered ‘misconduct’ on the basis of which OSCR (and ultimately the Court) may take a number of actions. However, breach of duty is not a criminal offence.
Religious Charities - 23 Jun 09 Updated!
Certain charities will be eligible to apply to be ‘Designated Religious Charities’ which will exempt them from certain rules and from some of OSCR’s regulation.
Scottish Charitable Incorporated Organisation (SCIO) - 23 Jun 09 Updated!
It is currently anticipated that the SCIO legal form will be available from 2010. It is designed to provide the protection of limited liability without the bureaucracy of being a company limited by guarantee, which is irrelevant for most charities. OSCR will administer the registration of and regulate SCIOs.
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