Category Archives: Third Sector
Does your organisation pass the charity test?
The Office of the Scottish Charity Regulator (“OSCR”) has the power to apply the charity test as defined in the Charities and Trustee Investment (Scotland) Act 2005 to review the charitable status of charities listed on the register. The five functions of OSCR as specified in law are: decide which bodies
What are the duties of a charity trustee in Scotland?
The Office of the Scottish Charity Regulator (OSCR) were made aware of reports in the press about an alleged high value severance package agreed by the charity trustees of Glasgow East Regeneration Agency for the charity’s Chief Executive when he was made redundant. OSCR’s regulatory functions are set out in the Charities and Trustee Investment
Procurement regulations, interim orders & public interest
The recent case of Glasgow Rent Deposit & Support Scheme against Glasgow City Council and Ypeople (decided on 6 December 2012) highlights the court’s reluctance to delay a contract award because of an alleged breach of the procurement regulations where this would be detrimental to the public interest. GCC tendered for a service providing increased access
Can procurement process be used to deliver the Living Wage?
Public bodies are increasingly under pressure to get the most out of their procurement processes, including addressing social and economic challenges. The Scottish Living Wage Campaign aims to ensure that all employers in the public, private and voluntary sectors pay their workers no less than the Scottish Living Wage. The living wage is higher than
Does your charity have restricted funds?
As at 1 November 2012, the Charities Restricted Funds Reorganisation (Scotland) Regulations 2012 came into effect. Do you know what a restricted fund is and what it means for your charitable organisation? The Regulations define “restricted fund” as “property (including money) given to a charity for a specific purpose and in respect of which conditions have
Consultation for The Gift Aid Small Donations Scheme (GASDS)
HMRC have recently published for consultation the draft regulations for The Gift Aid Small Donations Scheme (GASDS). Consultation will end on 5 December 2012. It is intended that under the scheme all qualifying charities and community amateur sports clubs (CASCs) will be able to claim a top-up payment which is equivalent to Gift Aid on
Public Procurement Scotland – Contract Award Notice Requirements
Registered Social Landlords (RSLs) and other public bodies must go through a legally compliant procurement process prior to awarding a contract for works, supplies or services. This process is set down in the Public Contracts (Scotland) Regulations 2012. It is easy for public bodies to get caught up ensuring that the selection process is compliant
Community Empowerment and Renewal Bill Consultation
The government has recently opened a consultation on their proposed Community Empowerment and Renewal Bill. It is an open consultation and the Bill will be drafted in light of the responses received. Current Law Currently a rural community with a population of less than 10,000 can register an interest in a piece of land and
Legal Status and the Recruitment of Volunteers
We are often asked by charities about the legal status of volunteers and how they should be recruited. It’s increasingly common for school leavers and the unemployed to undertake volunteering to boost their CVs. Although volunteers aren’t covered by discrimination legislation it’s sensible to adopt the same recruitment practices as paid employees, including a robust
Is it time to reorganise your charity’s constitution?
Have you considered whether your charity’s constitution enables the charity trustees to: make changes to keep it relevant or, whether it is so outdated that the charity can no longer be true to its original spirit. Charities with an outdated constitution may find that they are unable to make proper use of their charitable funds.
