Policy responses and statements

Name of organisation:

Scottish Executive Development Department - Voluntary Issues Unit

Name of policy document:

Consultation On The Proposals For The Scottish Charity Appeals Panel Rules

Deadline for response:

10 March 2005

Background: This consultation paper outlines the Scottish Executive's proposals for the rules for the Scottish Charity Appeals Panel to be made under Schedule 2 of the Charities and Trustee Investment (Scotland) Act 2005. The Charities and Trustee Investment (Scotland) Act 2005 was passed by the Scottish Parliament on 9 June 2005 and received Royal assent on 14 July 2005. The Act improves and strengthens the regulation of charities operating in Scotland in a way that builds on the value that charities bring to Scottish society. It is intended that the majority of the provisions in the Act, relating to the regulation of charities by the Office of the Scottish Charity Regulator ( OSCR) in its new independent role, will come into force around April 2006.

The consultation paper sets out the Scottish Executive's proposals for the Scottish Charity Appeals Panel and the rules that will govern its procedure. The Scottish Ministers must constitute an Appeals Panel under section 75 and have powers to make rules for the Panel under schedule 2 of the Act.

Chapter 10 and Schedule 2 of the Act set out the framework for a simple way to appeal certain decisions made by OSCR or a body to which OSCR's functions are delegated under section 38 of the Act. This consultation paper deals specifically with the role of the new appeals panel in this process. The Executive's proposals are intended to provide a simpler and cheaper means of appeal than has previously been available to charities. The partial Regulatory Impact Assessment sets out what the Executive considers the impact of the proposals will be.

The consultation was an opportunity to give views on these plans before the rules are laid before Parliament. The Executive highlighted key areas for comment but sought views on all aspects of the proposals within the document.

COMMENTS ON
SCOTTISH EXECUTIVE DEVELOPMENT DEPARTMENT: VOLUNTARY ISSUES UNIT CONSULTATION ON THE PROPOSALS FOR THE SCOTTISH CHARITY
APPEALS PANEL RULES

The Royal College of Physicians of Edinburgh is pleased to respond to the Scottish Executive on its consultation on the proposals for the Scottish Charity Appeals Panel Rules. Our comments are as follows:

Time Frame for Appeals

(a) Hearings

The decision to give a maximum of 28 calendar days would appear difficult were it not for a second period of 28 calendar days to forward all supporting information. It may be helpful to give the panel some discretion in unusual circumstances - absolutes can be unfair, particularly on smaller organisations.

(b) Decisions

It would be useful to have, at least, an indicative period within which most appeal decisions would be made, particularly if the loss of charitable status had severe financial implications for the organisation, including the employment of staff.

Public Hearings

Public confidence would be supported by the presumption that all hearings would be in public, unless there are clear grounds for private proceedings.

Expenses

Guidance would be helpful regarding the allowable expenses by witnesses and the compensation that may be payable where a party has acted vexatiously.

Copies of this response are available from:

Lesley Lockhart,
Royal College of Physicians of Edinburgh,
9 Queen Street,
Edinburgh,
EH2 1JQ.

Tel: 0131 225 7324    ext 608
Fax: 0131 220 3939

[3 March 2006]