An update on the Scottish Charities Bill

March 15, 2023

We are very grateful to Gavin McEwan and Peter Littlefield at ILM Corporate Partner Turcan Connell for bringing to our attention the Charities Bill which is currently going through the Scottish Parliament. Among other things, this will create a register of merged charities in Scotland for the first time.

Obviously this is of direct relevance to ILM members, for whom the issues created when charities merge can last for many years, and is a very positive step which we wholeheartedly support.

With Turcan Connell’s assistance and support ILM entered a consultation response drawing on our knowledge of the register of mergers in England and Wales. We are very grateful to Alice Faure-Walker of Bates Wells who produced a direct comparison of the two regimes which informed our consultation response.

We are pleased to let you know that the ILM response to the Scottish Charities Bill has been quoted in the civil service briefing to the relevant Parliamentary Committee – you can read the full briefing here and the ILM quote is on page 14.

Of a total of 88 responses submitted, only around a quarter made it into this written report, so the comments made have clearly resonated with the civil service team working on the Bill. The briefing will have gone to all of the members of the Parliamentary Committee tasked with scrutinising the Bill.

We hope that the Committee will look to encourage the Scottish Government to take on board possible amendments before the Bill reaches Stage 2 (which will probably begin in May), and have written to the MSP’s in question bringing it to their attention.

We will report further as the Bill makes its way through the Scottish Parliament.

[See also our full detailed response to the Scottish Parliament in this previous news item]

By Lis Coulthard

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