English charities operating in Scotland must register with OSCR

Governance | 1 Jul 2005

The completion of the radical shake-up of charity law north of the border could have far-reaching implications for charities in England and Wales, according to accountancy firm Baker Tilly.

The Charities & Trustee Investment (Scotland) Bill, introduced to the Scottish Parliament in November was passed as an Act last month. The legislation includes the creation of a new Scottish definition of charity based on the principle of public benefit.

It also bestows a range of powers upon the Office of the Scottish Charity Regulator (OSCR), which has responsibility for granting charitable status and maintaining a statutory register of all charities operating in Scotland. This means that in theory all charities in the UK which occupy land or premises or carry out activities in shops, offices or similar premises in Scotland will now need to register with an additional regulatory body.

However, a memorandum of understanding agreed and signed between OSCR and the Charity Commission for England and Wales, aims to help avoid regulation overlap.

Carol Sellwood, national director of Baker Tilly's charities and education group, said: "The major concern is that some charities may not realise that even small levels of activity in Scotland mean they will have to register with OSCR. We can only hope the memorandum paves the way for a practical solution to avoid dual regulation."

Chief executive of the Charity Commission, Andrew Hind, said: "Duplication of regulation has become a hot topic in the charitable sector over the past year and we're delighted to announce this significant step towards a more modern, joined-up regulation."

OSCR chief executive Jane Ryder, added: "Co-operation between our two organisations is vital to create a consistent and seamless regulatory regime that will not impose unnecessary burdens on charities operating in both jurisdictions."

Meanwhile, the Charities Bill has reached the committee stage in the House of Lords.

Directory: Charity Commission | Office of the Scottish Charity Regulator (OSCR)
Who's Who: Jane Ryder | Andrew Hind

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