The Scottish Charity Regulator (OSCR) is a

non-ministerial department Non-ministerial government departments (NMGDs) are a type of department of the United Kingdom government that deal with matters for which direct political oversight has been judged unnecessary or inappropriate. They are headed by senior civil se ...

of the Scottish Government with responsibility for the regulation of charities in

Scotland Scotland (, ) is a Countries of the United Kingdom, country that is part of the United Kingdom. Covering the northern third of the island of Great Britain, mainland Scotland has a Anglo-Scottish border, border with England to the southeast ...

. OSCR is the independent regulator and registrar for more than 24,000 Scottish charities. OSCR is charged with developing a regulatory framework for Scottish charities, where each charity is clear about is rights and responsibilities. This framework should also foster public confidence in charities. OSCR is directly answerable to the Scottish Parliament. OSCR is based in Dundee.

Background

In 1981 the

Law Society of Scotland The Law Society of Scotland is the professional governing body for Scottish solicitors. It promotes excellence among solicitors through the support and regulation of its members. It also promotes the interests of the public in relation to the ...

announced support for a register through which all charities in Scotland could record their purposes, financial details and accounts. Under section 6 of the

Law Reform (Miscellaneous Provisions) (Scotland) Act 1990 The Law Reform (Miscellaneous Provisions) (Scotland) Act 1990c 40 is an Act of Parliament of the United Kingdom dealing with a variety of matters relating to Scottish law. Overview Amongst other things the legislation addresses: * regulation of ...

, the

Lord Advocate His Majesty's Advocate, known as the Lord Advocate ( gd, Morair Tagraidh, sco, Laird Advocat), is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved p ...

was given the power to make enquiries either for general or specific purposes and to obtain various types of information from charities. Following the Scotland Act and the establishment of both the Scottish Parliament and the Scottish Government this power was exercised by the Scottish Ministers. Initially charity regulation was carried out by the

Scottish Charities Office The Crown Office and Procurator Fiscal Service is the independent public prosecution service for Scotland, and is a Ministerial Department of the Scottish Government. The department is headed by His Majesty's Lord Advocate, who under the ...

, a department in the

Crown Office The Crown Office, also known (especially in official papers) as the Crown Office in Chancery, is a section of the Ministry of Justice (formerly the Lord Chancellor's Department). It has custody of the Great Seal of the Realm, and has certain a ...

, but they were only able to investigate a charity on receipt of a complaint or when they had reasonable grounds to suspect problems. The regulatory function was transferred to OSCR in December 2003.

History

It was formerly an

executive agency An executive agency is a part of a government department that is treated as managerially and budgetarily separate, to carry out some part of the executive functions of the United Kingdom government, Scottish Government, Welsh Government or N ...

but following the passing of the

Charities and Trustee Investment (Scotland) Act 2005 A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being (e.g. educational, religious or other activities serving the public interest or common good). The legal definition of a cha ...

it was made independent of ministerial control, and answers directly to the Scottish Parliament. It is the equivalent of the Charity Commission for England and Wales and the

Charity Commission for Northern Ireland The Charity Commission for Northern Ireland is the independent regulator of Northern Ireland charities. It was established in 2009 under the Charities Act (NI) 2008. Aims The stated vision of the commission is for "a dynamic and well governed ...

. In 2005, OSCR published the first definitive list of 18,000 charities operating in Scotland – this information was searchable. OSCR's full regulatory powers came into force on 24 April 2006. In July 2008, OSCR published results of a survey showing some positive attitudes towards the organisation from the charity sector and the public.

Functions

The OSCR perform a range of functions which includes: * Determining whether bodies are charities. * Keeping a public Register of charities. * Facilitating compliance by charities with the legislation. * Investigating any apparent misconduct in the administration of charities. * Giving information or advice to Scottish Ministers. OSCR also has a role to protect

whistleblower A whistleblower (also written as whistle-blower or whistle blower) is a person, often an employee, who reveals information about activity within a private or public organization that is deemed illegal, immoral, illicit, unsafe or fraudulent. Whi ...

s from detrimental treatment. Under the

Public Interest Disclosure Act 1998 The Public Interest Disclosure Act 1998 (c.23) is an Act of the Parliament of the United Kingdom that protects whistleblowers from detrimental treatment by their employer. Influenced by various financial scandals and accidents, along with the re ...

, OSCR is a "prescribed person" and therefore allowed to accept disclosures from people who carry out paid work for a charity.

References

External links

* {{Authority control Non-ministerial departments of the Scottish Government Organisations based in Dundee 2003 establishments in Scotland Government agencies established in 2003 Charity regulators Regulators of Scotland