Scottish Gaelic: Oifis Riaghladair Carthannais na h-Alba | |
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Non-ministerial government department overview | |
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Formed | 16 December 2003 |
Preceding Non-ministerial government department |
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Type | Non-ministerial government department |
Jurisdiction | Scotland |
Headquarters | Quadrant House, 9 Riverside Drive, Dundee DD1 4NY |
Employees | 52 |
Annual budget | £3.28 million (2020–21) [1] |
Non-ministerial government department executives | |
Website | www |
The Scottish Charity Regulator (OSCR; Scottish Gaelic : Oifis Riaghladair Carthannais na h-Alba) is a non-ministerial department of the Scottish Government with responsibility for the regulation of charities in Scotland.
OSCR is the independent regulator and registrar for more than 25,000 Scottish charities. [3] OSCR is charged with developing a regulatory framework for Scottish charities, where each charity is clear about its 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.
In 1981 the Law Society of Scotland announced support for a register through which all charities in Scotland could record their purposes, financial details, and accounts. [4] Under section 6 of the Law Reform (Miscellaneous Provisions) (Scotland) Act 1990, [5] the Lord Advocate was given the power to make inquiries 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, a department in the Crown Office, but they were only able to investigate a charity on receipt of a complaint or when they had reasonable grounds to suspect problems. [6] The regulatory function was transferred to OSCR in December 2003. [7]
It was formerly an executive agency but following the passing of the Charities and Trustee Investment (Scotland) Act 2005 [8] 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.
In 2005, OSCR published the first definitive list of 18,000 charities operating in Scotland – this information was searchable. [9]
OSCR's full regulatory powers came into force on 24 April 2006. [10]
In July 2008, OSCR published results of a survey showing some positive attitudes towards the organization from the charity sector and the public. [11]
The OSCR performs a range of functions which includes: [12]
OSCR also has a role to protect whistleblowers from detrimental treatment. Under the Public Interest Disclosure Act 1998, OSCR is a "prescribed person" and therefore allowed to accept disclosures from people who carry out paid work for a charity. [13]
The Charities (Regulation and Administration) (Scotland) Bill was passed by the Scottish Parliament on 28 June 2023, and became an Act on 9 August 2023. This Act makes changes to the Charities and Trustee Investment (Scotland) Act 2005. It will:
The measures in this Act are planned to be introduced on a phased basis, with the first changes taking effect on 1 April 2024. Further changes will be introduced on 1 October 2024, and the final measures will are planned to come into force in summer 2025. [15]
The Regulation of Investigatory Powers Act 2000 is an Act of the Parliament of the United Kingdom, regulating the powers of public bodies to carry out surveillance and investigation, and covering the interception of communications. It was introduced by the Tony Blair Labour government ostensibly to take account of technological change such as the growth of the Internet and strong encryption.
The U.S. Securities and Exchange Commission (SEC) is an independent agency of the United States federal government, created in the aftermath of the Wall Street Crash of 1929. The primary purpose of the SEC is to enforce the law against market manipulation.
The Charity Commission for England and Wales is a non-ministerial department of His Majesty's Government that regulates registered charities in England and Wales and maintains the Central Register of Charities. Its counterparts in Scotland and Northern Ireland are the Office of the Scottish Charity Regulator and the Charity Commission for Northern Ireland.
A charitable organization or charity is an organization whose primary objectives are philanthropy and social well-being.
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Public bodies of the Scottish Government are organisations that are funded by the Scottish Government. They form a tightly meshed network of executive and advisory non-departmental public bodies ("quangoes"); tribunals; and nationalised industries. Such public bodies are distinct from executive agencies of the Scottish Government, as unlike them they are not considered to be part of the Government and staff of public bodies are not civil servants, although executive agencies are listed in the Scottish Government's directory of national public bodies alongside other public bodies.
A regulatory agency or independent agency is a government authority that is responsible for exercising autonomous dominion over some area of human activity in a licensing and regulating capacity.
The Pensions Act 2004 is an Act of the Parliament of the United Kingdom to improve the running of pension schemes.
Moonbeams was a children's cancer charity based in Edinburgh, Scotland, which became the subject of a much-publicised local controversy in 2003. Following court action, it emerged that the charity had income of nearly £3 million over a period of four years, but had spent little over £70,000 on its charitable objectives. The Moonbeams collapse was one of a series of incidents which ultimately led to extensive reform of charity regulation in Scotland.
The Financial Industry Regulatory Authority (FINRA) is a private American corporation that acts as a self-regulatory organization (SRO) that regulates member brokerage firms and exchange markets. FINRA is the successor to the National Association of Securities Dealers, Inc. (NASD) as well as to the member regulation, enforcement, and arbitration operations of the New York Stock Exchange. The U.S. government agency that acts as the ultimate regulator of the U.S. securities industry, including FINRA, is the U.S. Securities and Exchange Commission (SEC).
The Canadian Securities Administrators is an umbrella organization of Canada's provincial and territorial securities regulators whose objective is to improve, coordinate, and harmonize regulation of the Canadian capital markets.
The Office of Qualifications and Examinations Regulation (Ofqual) is a non-ministerial government department that regulates qualifications, exams and tests in England. Colloquially and publicly, Ofqual is often referred to as the exam "watchdog".
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.
The Financial Conduct Authority (FCA) is a financial regulatory body in the United Kingdom which operates independently of the UK Government and is financed by charging fees to members of the financial services industry. The FCA regulates financial firms providing services to consumers and maintains the integrity of the financial markets in the United Kingdom.
The Electricity Act 1989 provided for the privatisation of the electricity supply industry in Great Britain, by replacing the Central Electricity Generating Board in England and Wales and by restructuring the South of Scotland Electricity Board and the North of Scotland Hydro-Electric Board. The Act also established a licensing regime and a regulator for the industry called the Office of Electricity Regulation (OFFER), which has since become the Office of Gas and Electricity Markets (OFGEM).
The Australian Charities and Not-for-profits Commission (ACNC) is the regulatory authority for charities and not-for-profit organisations within Australia. The Commission was established in December 2012 as part of the Australian Charities and Not-for-profits Commission Act 2012 passed by the federal parliament, and is responsible for registering charities and non-profit organisations, ensuring their compliance with Australian law, and for keeping a public register of registered organisations.
The Competition and Markets Authority (CMA) is the principal competition regulator in the United Kingdom. It is a non-ministerial government department in the United Kingdom, responsible for strengthening business competition and preventing and reducing anti-competitive activities. The CMA launched in shadow form on 1 October 2013 and began operating fully on 1 April 2014, when it assumed many of the functions of the previously existing Competition Commission and Office of Fair Trading, which were abolished. The CMA also has consumer protection responsibilities and will be taking on digital markets regulation responsibilities in early 2024.
The Scottish Council of Independent Schools (SCIS) is a registered Scottish charity which represents the independent school sector in Scotland. Its membership includes mainstream fee-paying independent schools and a range of schools for young people with complex additional support needs.
The Institute for Statecraft is a pro-democracy think tank founded in 2009 by Christopher Donnelly and Daniel Lafayeedney, based in Fife, Scotland. Its stated objects are to advance education in the fields of governance and statecraft, and to advance human rights. Its funders include the UK government. The organisation manages the Integrity Initiative amongst other projects. It came to public attention in late 2018 when it was hacked and became the subject of controversy and of regulatory attention due to political posts on social media.
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