Question reference: S4W-13121
- Asked by: Mark McDonald, MSP for North East Scotland, Scottish National Party
- Date lodged: 18 February 2013
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Current status: Answered by John Swinney on 26 February 2013
Question
To ask the Scottish Government what action can be taken against charities that operate without authority.
Answer
Under the Charities and Trustees Investment (Scotland) Act 2005 (the Act) the Scottish Charity Regulator (OSCR) has a variety of powers to investigate charities (including those calling themselves charities that may not actually be charities) and bodies which are controlled by charities.
Following an inquiry OSCR has further powers to take action. These powers include directing a body which is not actually a charity to stop representing itself as such. Where there has been misconduct, OSCR can suspend any person who is involved in the management of the charity where that person has been responsible for or has contributed to the misconduct. OSCR can also direct the charity so to limit the transactions it can enter into without OSCR’s consent, and it can direct financial institutions not to part with money held on behalf of a charity (i.e. freeze bank accounts).
Charity fundraising is mostly governed on a self-regulating basis and the Fundraising Standards Board is the independent self-regulatory body in the UK. There are some additional provisions about fund raising by professional bodies in the Act.