Charities (Regulation and Administration) (Scotland) Act 2023
| Jurisdiction | Scotland |
| Citation | 2023 asp 5 |
Charities (Regulation and Administration) (Scotland) Act 2023
2023 asp 5
An Act of the Scottish Parliament to modify certain aspects of the law relating to the regulation and administration of charities and their assets.
[09 August 2023]
References to the 2005 Act
1 Meaning of the “2005 Act”
In this Act, the “2005 Act” means the Charities and Trustee Investment (Scotland) Act 2005.
Information about charity trustees etc.
2 Inclusion of names of charity trustees in the Scottish Charity Register
(1) The 2005 Act is modified as follows.
(2) In section 3 (Scottish Charity Register)—
(a)
(a) in subsection (3), after paragraph (a) insert—
“(aa)
“(aa) the name of each of its charity trustees,”,
(b)
(b) for subsection (4) substitute—
(4) Despite subsection (3)(aa) and (b), OSCR must exclude any information of the type specified in those provisions from a charity’s entry in the Register where—
(a)
(a) the information is the subject of an application for exclusion (whether as part of the application for the entry of a body in the Register or, subsequently, by a charity or any of its trustees), and
(b)
(b) OSCR is satisfied that including the information in the entry would be likely to jeopardise the safety or security of any person or premises.”.
(3) In section 17(1) (notification of other changes)—
(a)
(a) in paragraph (a)(ii), for “of the charity trustee specified in the Register” substitute“specified in the Register in accordance with section 3(3)(b)”,
(b)
(b) in paragraph (b), at the end insert“(or which would, but for section 3(4), be so specified)”.
(4) In section 71(b) (decisions), for “3(3)(b)” substitute “3(3)(aa) or (b)”.
3 Information about charity trustees for OSCR’s use
(1) The 2005 Act is modified as follows.
(2) In section 17(1) (notification of other changes), after paragraph (b), insert—
“(ba)
“(ba) any change in relation to its charity trustees which alters the answer to a question specified by OSCR under section 66A(3),”.
(3) After section 66, insert—
“
66A
(1) OSCR must keep, in such manner as it thinks fit, a schedule of all charity trustees.
(2) The schedule must contain a separate entry for each charity trustee entered in it setting out such information as OSCR considers appropriate.
(3) OSCR must—
(a)
(a) specify the questions about charity trustees it will require answers to for the purpose of populating the schedule, and
(b)
(b) publicise the questions so specified.
(4) Section 22 applies to documents and information which OSCR requires in relation to a charity trustee’s entry in the schedule as it applies to documents and information which OSCR requires in relation to the charity’s entry in the Register.
(5) It does not matter whether a person continues to be a charity trustee for OSCR to be able to retain information about that person in the schedule, provided the retention of that information is calculated to facilitate, or is conducive or incidental to, the performance of OSCR’s functions.”.
Disqualification from being charity trustee etc.
4 Disqualification: offences
(1) The 2005 Act is modified as follows.
(2) In section 69 (disqualification from being charity trustee)—
(a)
(a) in subsection (2)(a)—
(i) before sub-paragraph (i) insert—
“(ai)
“(ai) an offence specified in section 69A,”,
(ii) in sub-paragraph (i), after “offence” insert“, not specified in section 69A,”,
(iii) sub-paragraph (ii) is repealed,
(b)
(b) in subsection (3), after “subsection (1)” insert“by reason of a conviction”.
(3) After section 69, insert—
69A
“69A. Disqualification: specified offences
(1) The following offences are specified for the purposes of section 69(2)(a)(ai)—
(a)
(a) an offence under this Act,
(b)
(b) an offence under section 77 of the Charities Act 2011 (offence of contravening certain orders),
(c)
(c) an offence under section 13 or 19 of the Terrorism Act 2000 (wearing of uniform etc, and failure to disclose information),
(d)
(d) an offence specified under section 41 or 42 of the Counter-Terrorism Act 2008 as an offence to which Part 4 of that Act applies,
(e)
(e) a money laundering offence within the meaning of section 415 of the Proceeds of Crime Act 2002,
(f)
(f) an offence under any of the following provisions of the Bribery Act 2010—
(i) section 1 (bribing another person),
(ii) section 2 (offences related to being bribed),
(iii) section 6 (bribery of foreign public officials),
(iv) section 7 (failure of commercial organisations to prevent bribery),
(g)
(g) an offence of perverting the course of justice (by whatever means and however the offence is described), including in particular—
(i) false accusation of a crime,
(ii) perjury,
(iii) prevarication on oath,
(iv) prison breaking,
(v) subornation of perjury,
(h)
(h) an offence of wilful neglect of duty by a public official,
(i)
(i) an offence, under the law of England and Wales, of misconduct in public office.
(2) An offence which has been superseded (whether directly or indirectly) by any offence specified in subsection (1) is also specified for the purposes of section 69(2)(a)(ai).
(3) In relation to an offence specified in subsection (1) or (2), the following offences are also specified for the purposes of section 69(2)(a)(ai)—
(a)
(a) an offence committed by aiding, abetting, counselling, procuring or inciting the commission of the offence,
(b)
(b) an offence committed by attempting or conspiring to commit the offence.
(4) The Scottish Ministers may by regulations modify this section to add or remove an offence.”.
(4) In section 103(5) (orders, regulations and rules), after paragraph (ca) (as inserted by section 5(5)), insert—
“(cb)
“(cb) regulations under section 69A(4)”.
5 Disqualification: other cases
(1) The 2005 Act is modified as follows.
(2) In section 69(2) (disqualification from being charity trustee)—
(a)
(a) in paragraph (b)—
(i) the words “an undischarged bankrupt,” become sub-paragraph (i),
(ii) in sub-paragraph (i) (as formed), after “bankrupt” insert“(see section 70(3))”,
(iii) after sub-paragraph (i), insert—
“(ii)
“(ii) subject to a specified bankruptcy-related measure (see section 70(4)),”,
(b)
(b) for paragraph (d) substitute—
“(d) has been removed as a trustee, charity trustee, officer, agent or employee of a charity by a relevant order in England and Wales (see section 70(5)(a)),”,
(c)
(c) after paragraph (d), insert—
“(da)
“(da) has been removed from the office of charity trustee or trustee for a charity by a relevant order in Northern Ireland (see section 70(5)(b)),
(db)
(db) is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011 disqualifying the person in relation to all charities,”,
(d)
(d) after paragraph (e), insert—
“(f)
“(f) has been found to be in contempt of court by a court in England or Wales in civil proceedings for making a false disclosure statement, or making a false statement in a document verified by a statement of truth, or causing (in either case) such a statement to be made,
(g)
(g) has been found guilty of disobedience to—
(i) an order or direction of the Charity Commission for England and Wales on an application to the High Court of Justice in England and Wales under section 336(1) of the Charities Act 2011,
(ii) an order of the Charity Commission for Northern Ireland on an application to the High Court of Justice in Northern Ireland under section 174 of the Charities Act (Northern Ireland) 2008,
(h)
(h) is a designated person for the purposes of—
(i) regulations 8 to 12 of the ISIL (Da'esh) and Al-Qaida (United Nations Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/466),
(ii) regulations 11 to 15 of the Counter-Terrorism (International Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/573),
(iii) regulations 11 to 15 of the Counter-Terrorism (Sanctions) (EU Exit) Regulations 2019 ( S.I. 2019/577),
(i)
(i) is subject to the notification requirements of Part 2 of the Sexual Offences Act 2003.”.
(3) In section 69—
(a)
(a) at the end of subsection (1), insert“(but see also subsection (2A))”,
(b)
(b) after subsection (2), insert—
(2A) Where—
(a)
(a) a person is subject to an order made by the Charity Commission for England and Wales under section 181A of the Charities Act 2011, and
(b)
(b) the order disqualifies the person in relation to a particular charity or type of charity,
the person is also disqualified from being a charity trustee in relation to that charity or type of charity.”,
(c)
(c) after subsection (3), insert—
(3A) A person referred to in subsection (2)(f) is not disqualified under subsection (1) by reason of a finding of contempt which, if it had been a conviction for which the person was dealt with in the same way, would be a spent conviction for the purposes of the Rehabilitation of Offenders Act 1974.”,
(d)
(d) in subsection (4), after “subsection (1)” insert“or (2A)”,
(e)
(e) after subsection (6), insert—
(7) The Scottish Ministers may by regulations—
(a)
(a) modify this section so as to add or remove a person, or a description of a person, to or from the persons for the time being mentioned in or falling within this section as a person who is disqualified from being a charity trustee,
(b)
(b) modify the definitions in section 70 as Ministers consider appropriate in consequence of any modification of this section or otherwise.”.
(4) In section 70 (disqualification: supplementary)—
(a)
(a) in subsection (3), for “section 69(2)(b)” substitute“section 69(2)(b)(i)”,
(b)
(b) after subsection (3), insert—
(4) For the purpose of section 69(2)(b)(ii), “specified bankruptcy-related measure” means—
(a)
(a) a bankruptcy restrictions order, interim order or undertaking under...
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