Fundraising regulation in Scotland
Produced in partnership with Gavin McEwan of Turcan Connell
Fundraising regulation in Scotland

The following Private Client guidance note Produced in partnership with Gavin McEwan of Turcan Connell provides comprehensive and up to date legal information covering:

  • Fundraising regulation in Scotland
  • Self-regulatory regime in Scotland
  • Role of the Scottish Fundraising Standards Panel
  • Status of the Code of Fundraising Practice in Scotland
  • Cross-border fundraising complaints
  • Street collections
  • House-to-house collections
  • Solicitation statements
  • Fundraising agreements
  • Potential future reform

Self-regulatory regime in Scotland

Apart from some limited statutory provisions, charity fundraising in Scotland is self-regulated. Since July 2016, the regulatory regime has been referred to as enhanced self-regulation following a review of the regulatory regime carried out on behalf of the Scottish Government.

Enhanced self-regulation places the initial onus on charities when complaints about fundraising practice arise. The expectation is that fundraising staff (where there are any) will attempt to resolve a complaint about a charity’s fundraising in the first instance. If this is unsuccessful, the second stage in any complaint about fundraising would be a direct complaint to the charity trustees.

Role of the Scottish Fundraising Standards Panel

If a complaint requires to be escalated beyond a charity’s trustees, the third and final step in the process is to take a fundraising complaint to the Scottish Fundraising Standards Panel (the Panel). The Panel was established for the specific purpose of dealing with such escalated complaints and to oversee fundraising standards in Scotland.

Complaints raised with the Panel are adjudicated against the Code of Fundraising Practice (the Code), which is held and maintained for the whole of the UK by the Fundraising Regulator which is based in London. Once adjudicated, complaints may be published by the Panel on its website, and the outcome of complaints may be referred further