Scotland’s regulator OSCR has introduced a new scheme to help charities carry out due diligence on trustees and stronger requirements for organisations on its register to prove their connection to the country.
This week, OSCR published a public record of “removed persons”, which charities can search to check whether a potential trustee has been disqualified.
On 1 October, OSCR also introduced a requirement for charities on its register to prove their connection to Scotland and has begun contacting some organisations about this.
These changes are part of a series of new measures that have been introduced to Scottish charity law since the Charities (Regulation and Administration) (Scotland) Act 2023 first came into force in August 2023.
41 people on list of banned trustees
The individuals listed on OSCR’s Record of Removed Persons will have been disqualified from serving as charity trustees in Scotland by the Court of Session unless they have a disqualification waiver. Their inclusion in the record means that they are not allowed to be appointed or serve as trustees.
According to OSCR, the list will make it easier for charities to carry out due diligence on prospective trustees.
However, even if a person is not on the list, they could still be disqualified from being a charity trustee for other reasons, such as having an unspent conviction for an offence involving dishonesty or an offence under the Charities and Trustee Investment (Scotland) Act 2005.
The OSCR website adds that “charities should always check if a trustee is eligible to take up the position before they start and should regularly review the disqualification criteria against its existing trustees”.
A spokesperson for OSCR confirmed that there are currently 41 people listed on the record.
OSCR contacts ‘less than 10’ charities over Scotland connection
Charities on the Scottish Charity Register must also be able to demonstrate a connection to Scotland when conducting their activities.
To ascertain this connection, OSCR will consider whether the charity has a principal office in Scotland; whether it occupies or intends to occupy any Scottish land or premises, and whether it carries out, or intends to carry out, activities in any office, shop, or similar premises in Scotland, among other factors.
An OSCR spokesperson said: “After a review of all the data we hold about all charities on our register, we have identified less than 10 charities which may be impacted by the new requirement that charities must be able to demonstrate a connection to Scotland when conducting their activities.
“We have contacted each of these organisations in order to clarify their existing connection to Scotland, but haven’t removed any charities from the register to date as a result of this change in the law.”
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