The Regulator for Charities in England and Wales
Since the introduction of the Charities and Trustee Investment (Scotland) Act 2005, some charities based in England and Wales which also operate in Scotland may now need to register with the Office of the Scottish Charity Regulator (OSCR).
If you need information or advice about whether your organisation needs to apply and what the criteria are, please contact:
Office of the Scottish Charity Regulator (OSCR)
2nd Floor
Quadrant House
9 Riverside Drive
Dundee
DD1 4NY
Tel: 01382 220446
Website: www.oscr.org.uk.
Please note, unlike in England and Wales, there are no charities that operate in Scotland that are exempt or excepted from registration if they meet the criteria.
Some charities already registered in England and Wales but which now only operate in Scotland may be wondering whether they can transfer their registration with us to OSCR.
Where a charity’s governing document specifies that it is to be administered under the law of England and Wales then it falls within the Charity Commission’s jurisdiction, regardless of whether the charity’s trustees and/or assets are outside England and Wales. Once that jurisdiction has been established it cannot be changed and there is no mechanism to simply transfer Charity Commission jurisdiction to another regulator. Therefore, if such a charity wishes to be registered only with OSCR then it needs to formally dissolve and transfer its assets to a new charity established under Scottish law and registered with OSCR. We would then remove the England and Wales charity from our register upon receipt of its final accounts.
Alternatively, the charity could remain registered with the Charity Commission and also register with OSCR. However, this would mean complying with the requirements of both regulatory bodies.