OSCR Rolling Review
July 2007
As you may be aware OSCR have announced the results of the Pilot of the Rolling Review of Charities. The Voluntary Action Fund (VAF) openly volunteered to take part in this process anticipating that we would be required to amend our Memorandum and Articles. However, we wished to have clear direction on how to do this and also ensure that the wider charity sector has this clear direction in advance of being reviewed.
VAF welcome the direction provided by OSCR in relation to this matter and it causes us no concern. For clarity and transparency we wish to openly communicate with all of our stakeholders the technicality which VAF have to amend as a result of our review.
As our Memorandum and Articles is currently written, we seek to define process highlighted that as we had suspected we shall require to amend the key object of our Memorandum and Articles to ensure that we refer to the Charities & Trustees Investment Act 2005 as well as the Income and Corporation Taxes Act 1988. At the moment we seek to define 'charitable in law' only in relation to the Income and Corporation Taxes Act 1988 - which was at the time of writing our constitution the only working definition of charity in place.
OSCR have highlighted to us that our purposes are charitable.
Also, we provide clear public benefit and are independent of ministerial control.
This is a minor technical issue and VAF have been given clear direction to enable us to amend our Memorandum and Articles. We do now need to enter the consents and notification process as any charity shall when amending a charitable purpose.
It shall be interesting to note how many charities in Scotland are affected by such technical issues and VAF hope that the open communication we are providing on this enables charities to prepare for their own review process.
If you wish to know more about VAF involvement and the outcome for us, please contact Eleanor Logan.