The Charities and Benevolent Fundraising (Scotland) Regulations 2009 5/5/09

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The Charities and Benevolent Fundraising (Scotland) Regulations 2009 have been published by the Scottish Government and are intended to come into force on 1 July 2009.

These Regulations will affect the way professional fundraisers and commercial participators regulate their dealings with the charities and benevolent bodies they fundraise on behalf of. The inclusion of benevolent bodies within the scope of the Regulations means that they will apply to non-charitable bodies, such as social enterprise organisations, Community Interest Companies (“CICs”), and the new Scottish Charitable Incorporated Organisations (“SCIOs”) when they become available.

The introduction of these Regulations is intended to create transparency and improve public trust in fundraising following high profile misuses of funds by the Moonbeams and Breast Cancer Research (Scotland) charities.

Consequently, professional fundraisers and commercial participators will require to have written agreements in place between the organisation they are collecting on behalf of and themselves. The Regulations set out the information which must be contained in these agreements.

Furthermore, the Regulations set out the information which professional fundraisers and commercial participators must supply to the public when fundraising. They also include rules directed at the activities of charities’ and benevolent bodies’ “in-house” fundraisers and volunteers.

Further information
If you would like more information on The Charities and Benevolent Fundraising (Scotland) Regulations 2009 and their impact we are happy to help. Please contact our accredited charity specialists, our Head of Charities, Anne Swarbrick, or Victoria J. W. Simpson.  

This Ezine is intended for general information purposes only and should not be relied upon as a complete statement of the law.


This bulletin is for general information only and does not constitute legal, investment or other professional advice. Please contact us should you require advice on any particular legal issue. Anderson Strathern LLP accepts no responsibility for any loss that may arise if reliance is placed on any information or opinions expressed in this bulletin.