Guidance produced by OSCR, the Scottish charity regulator, has said charitable campaigning around the referendum is “unlikely to be in breach of charity law” – in contrast to the message from the Charity Commission.

The OSCR guidance offers a broad scope for charities to campaign on the EU, whereas the Commission guidance says that “it will inevitably be by exception that charities would reach a decision to engage in political activity on the referendum.” The Charity Commission guidance was met with criticism by sector leaders, including by NCVO policy manager, Elizabeth Chamberlain, who described the guidance as a “negative and prescriptive approach” – and most likely “an unwelcome surprise for many.” Chamberlain, in contrast, praised the OSCR guidance as “very sensible and helpful guidance for charities.”

What the OSCR guidance says

“Charity law specifically says that charities may not be, or have as one of their purposes the advancement of a political party. In our view, supporting a particular outcome in the EU referendum, where this support is clearly linked to the interests and purposes of the charity, is unlikely, in itself, to amount to advancing a political party and is therefore unlikely to be in breach of charity law.”

What the Charity Commission guidance says

“It will inevitably be by exception that charities would reach a decision to engage in political activity on the referendum. It also means that, as charity trustees, you must take great care in reaching your decision, be aware that a decision to engage in political activity will be closely scrutinised, and be able to explain the reasons why political activity would be ‘incidental, ancillary or subordinate to’ your charitable purposes.”