Office of Public Sector Information

SCHEDULE 1 The Scottish Charity Regulator

(introduced by section 1)

Membership

1 (1) The Scottish Charity Regulator (in this schedule referred to as “the Regulator”) is to consist of such number of members (but not fewer than 4) as the Scottish Ministers think fit.

(2) It is for the Scottish Ministers to appoint those members from amongst those persons appearing to them to have knowledge and skills relevant to the functions of OSCR.

(3) An individual is disqualified from appointment as, and from being, a member of the Regulator if the individual is—

(a) a member of the Scottish Parliament,

(b) a member of the House of Commons,

(c) a member of the European Parliament,

(d) an office-holder in the Scottish Administration,

(e) an individual of such other description as may be prescribed by order by the Scottish Ministers.

Tenure and removal from office

2 (1) Each member of the Regulator—

(a) is to be appointed for such period as is specified in the appointment,

(b) may, by notice to the Scottish Ministers, resign as a member,

(c) in other respects, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,

(d) after ceasing to hold office, may be reappointed as a member.

(2) The Scottish Ministers may remove a member from office if satisfied—

(a) that the member’s estate has been sequestrated or the member has been adjudged bankrupt, has made an arrangement with creditors or has granted a trust deed for creditors or a composition contract,

(b) that the member—

(i) has been absent from meetings of the Regulator for a period longer than 6 consecutive months without the permission of the Regulator, or

(ii) is unable to discharge the member’s functions as a member or is unsuitable to continue as a member, or

(c) that it is necessary or expedient to do so in connection with the management of the affairs of the Regulator.

Chairing

3 (1) The Scottish Ministers must appoint—

(a) one of the members of the Regulator to chair the Regulator, and

(b) another of those members to act as deputy to that member.

(2) A member appointed to chair the Regulator or to act as deputy to that member holds and vacates office as such in accordance with the terms of the appointment to that office.

(3) A member so appointed may, by notice to the Scottish Ministers, resign from office as such.

(4) A member so appointed vacates office as such on ceasing to be a member of the Regulator.

(5) Where a member—

(a) is appointed to chair the Regulator or to act as deputy to that member, or

(b) ceases to hold office as such,

the Scottish Ministers may vary the terms of the member’s appointment as a member of the Regulator so as to alter the date on which office as a member is to be vacated.

Chief executive and other staff

4 (1) The Regulator —

(a) must appoint a chief executive, and

(b) may appoint such other employees as it considers appropriate.

(2) The terms and conditions of the chief executive and any other employees, and the number of any other employees, require the approval of the Scottish Ministers.

Proceedings

5 The quorum of the Regulator and the arrangements for its meetings are for the Regulator to determine.

Delegation of powers

6 (1) Anything authorised or required under any enactment to be done by the Regulator, whether or not as the holder of the Office of the Scottish Charity Regulator, may be done by any member or employee of the Regulator who is authorised (whether generally or specifically) for the purpose by it.

(2) Nothing in sub-paragraph (1) prevents the Regulator from doing anything that any of its members or employees has been authorised or required to do.

Validity of proceedings and acts

7 The validity of any proceedings or acts of the Regulator is not affected by any—

(a) vacancy in its membership, or

(b) defect in the appointment of a member.

SCHEDULE 2 Scottish Charity Appeals Panel

(introduced by section 75)

Panel members

1 (1) The Scottish Ministers must appoint such number of persons as they think fit to be eligible (for such period, not exceeding 5 years, as the Scottish Ministers may specify) to serve as members of a Panel constituted under section 75(1).

(2) At least one of the persons so appointed must be, and have been for at least 5 years—

(a) a solicitor holding a practising certificate issued in accordance with Part 2 of the Solicitors (Scotland) Act 1980 (c. 46), or

(b) an advocate.

(3) An individual is disqualified from being so appointed, and from being appointed as or being a Panel member, if the individual is—

(a) a Lord of Appeal in Ordinary or holds any of the judicial offices specified in Part 1 of schedule 1 to the House of Commons Disqualification Act 1975 (c. 24),

(b) a member of the Scottish Parliament,

(c) an office-holder in the Scottish Administration,

(d) an individual of such other description as may be prescribed by order by the Scottish Ministers.

(4) Each Panel is to consist of 3 of the persons appointed under paragraph 1(1) (one of whom is to be appointed by the Scottish Ministers to chair the Panel).

(5) A person appointed to chair a Panel must fall within paragraph 1(2).

Tenure and removal from office

2 (1) Each person appointed under paragraph 1(1)—

(a) is to be appointed for such period as is specified in the appointment,

(b) if appointed to serve as a Panel member, holds and vacates office on such terms and conditions (including remuneration and allowances) as the Scottish Ministers may determine,

(c) may, by notice to the Scottish Ministers, resign from being eligible to be, or from being, a Panel member,

(d) after ceasing to be eligible to serve as a Panel member, may be reappointed as a person eligible to serve as a Panel member.

(2) A person appointed under paragraph 1(1) ceases to be eligible to serve as, and may not be, a Panel member if the Scottish Ministers are satisfied that the person is unable to discharge the functions of a Panel member or is unsuitable to serve, or to continue to serve, as a Panel member.

Staff, property and services

3 The Scottish Ministers may provide the Panel, or ensure that it is provided, with such property, staff and services as they consider necessary or expedient in connection with the exercise of its functions.

Rules of procedure

4 (1) The Scottish Ministers may make rules as to the practice and procedure of the Panel.

(2) Such rules may, in particular, include provision for or in connection with—

(a) the form and manner in which appeals to the Panel are to be made,

(b) the time within which such appeals are to be made,

(c) the lodging of documents before the Panel,

(d) the notification of matters specified in the rules to OSCR and any appellant,

(e) the periods within which proceedings must be held and decided on,

(f) the notification of the Panel’s decisions to OSCR and appellants,

(g) the time within which a decision of the Panel may be appealed to the Court of Session,

(h) the payment of expenses.