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Seòmar agus comataidhean

Official Report: search what was said in Parliament

The Official Report is a written record of public meetings of the Parliament and committees.  

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Dates of parliamentary sessions
  1. Session 1: 12 May 1999 to 31 March 2003
  2. Session 2: 7 May 2003 to 2 April 2007
  3. Session 3: 9 May 2007 to 22 March 2011
  4. Session 4: 11 May 2011 to 23 March 2016
  5. Session 5: 12 May 2016 to 5 May 2021
  6. Current session: 12 May 2021 to 22 April 2025
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Displaying 1198 contributions

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Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

Is there anything that we can learn from how things work down south in that regard?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

Thank you. With my second question, I will again start with you, Alan, but feel free to pass it on.

The bill uses the terminology of a “connection to Scotland”. I know that the bill provides some guidance in that regard, but, as I understand it, there is no clear definition of what that means. From a Law Society or legal perspective, are you happy with that terminology or do you think that it should be more defined in primary legislation?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

That is helpful.

The bill gives OSCR the power to appoint interim charity trustees. Have you any concerns about that, given that it is a fairly large power? Is that an appropriate power?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

I just covered that in my question, convener.

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

That is a fair point.

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

When OSCR was set up, one of the first things that it was supposed to do was review every Scottish charity to see whether it was fit for purpose. That has taken a long time, mainly due to a lack of resources, and I am not absolutely sure how well it has been achieved.

How confident are you that it is possible to implement what the bill asks with the resources that OSCR has? Are we in danger of setting the organisation up to fail?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

We have two lawyers and a lecturer in the room. Are you happy with the definition of a “connection with Scotland”? Should it be tighter or will it help us to move forward?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

John Picton, from the point of view of good practice, should we ask OSCR to do more investigation, or is the balance about right in what we have at the moment?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

I have a final question for you.

When OSCR was set up, the first appeal was to a separate tribunal. Appeals now go to the First-tier Tribunal for Scotland. This question might arise from ignorance on my part, but have we ever legally disbanded the tribunals that were set up under the 1995 act? For clarity and for the sake of tidying up, would the bill be an appropriate place to do that?

Social Justice and Social Security Committee

Charities (Regulation and Administration) (Scotland) Bill: Stage 1

Meeting date: 9 March 2023

Jeremy Balfour

Thank you. Allan Eccles, do you have an answer?