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Chamber and committees

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 16 August 2025
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Displaying 1311 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

I ask the question because there is the issue of whether the buck is being passed to the courts. Ultimately, will the matter have to be decided when someone takes their case to a hearing? Under the primary legislation, are we passing the buck to the judiciary, or is that being unfair on us?

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

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

Martin, from a regulator’s perspective, are you happy with how the bill deals with that area?

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: 2 March 2023

Jeremy Balfour

I go back to Sarah Latto and Jason Henderson, because they deal with smaller charities. Should there be, as Steven Inglis has suggested, a financial target so that, if a charity does not have X amount of expenditure or turnover a year, it will have to do less than, say, the National Trust for Scotland or the Church of Scotland will have to do?