Understanding OSCR and Scottish charity regulation
How charity regulation works in Scotland and why it differs from the rest of the UK. Explains OSCR's …
How to register a charity with the Office of the Scottish Charity Regulator (OSCR). Covers the charity test, choosing a legal form including SCIOs, the application process, and cross-border registration for charities operating in both Scotland and England or Wales.
How charity regulation works in Scotland and why it differs from the rest of the UK. Explains OSCR's …
Annual compliance checklist for Scottish charities registered with OSCR. Covers registration obligations, annual reporting, accounting, trustee duties, and …
How to complete your annual return and file charity accounts with OSCR. Covers the 9-month filing deadline, the …
Your legal duties as a charity trustee in Scotland, including the general duties under the 2005 Act, the …
What triggers an OSCR inquiry, OSCR's enforcement powers including those strengthened by the 2023 Act, possible outcomes of …
If you want to call yourself a charity in Scotland, you must register with the Office of the Scottish Charity Regulator (OSCR). Unlike England and Wales, where very small charities with income below 5,000 GBP are exempt from Charity Commission registration, Scotland has no income threshold. Every body that calls itself a charity and is established or operates in Scotland must appear on the Scottish Charity Register.
Operating as a charity without OSCR registration is an offence under the Charities and Trustee Investment (Scotland) Act 2005. This applies to using the word "charity", "charitable", or the Scottish charity number (SCxxxxxx) when you are not on the register.
This guide takes you through the full registration process, from confirming you meet the charity test to receiving your Scottish charity number.
Before you apply, you must satisfy yourself that your organisation meets the charity test set out in sections 7 and 8 of the 2005 Act. The test has two parts, and your organisation must pass both.
OSCR applies the charity test at the point of registration and continues to monitor it throughout the life of the charity. If your organisation ceases to meet the test, OSCR can direct removal from the register.
Before applying, you must decide on the legal structure for your charity. The most common forms in Scotland are:
A SCIO is a legal form created specifically for Scottish charities. It gives the charity its own legal personality, meaning the charity itself can own property, enter contracts, and sue or be sued. Charity trustees have limited liability, similar to company directors of a limited company. A SCIO is regulated solely by OSCR; it does not need to register with Companies House.
A charitable company is incorporated at Companies House and then registered as a charity with OSCR. It has its own legal personality and limits trustee liability, but it must comply with both company law (filing at Companies House) and charity law (reporting to OSCR). This creates dual regulation, which is more burdensome than a SCIO.
These are simpler to set up but do not have their own legal personality. The trustees hold property and enter contracts in their personal names, meaning they carry personal liability for the charity's debts. This structure suits very small charities with low financial risk.
You will need the following before starting your application on the OSCR online portal:
Go to oscr.org.uk and create an account on the OSCR Online portal. You will use this account for the application and all future reporting.
Answer all questions about your proposed charity, including its purposes, activities, governance arrangements, and expected income. Upload your governing document.
The form asks you to demonstrate how your purposes are charitable and how the organisation provides public benefit. Be specific. OSCR rejects applications where purposes are vague or public benefit is not explained.
There is no fee for charity registration with OSCR. Submit the completed application. OSCR aims to process straightforward applications within 6 weeks, though complex cases can take longer.
OSCR may come back with questions about your governing document or purposes. Respond promptly. If your governing document does not meet requirements, OSCR will explain what changes are needed.
Once approved, your charity appears on the Scottish Charity Register with a number in the format SCxxxxxx. You must use this number on all official correspondence, fundraising materials, and your website.
If your charity operates in both Scotland and England or Wales, or if you are an existing English or Welsh charity that wants to operate in Scotland, you may need to register with both OSCR and the Charity Commission.
Once registered, your charity must:
See our guide on OSCR annual reporting and charity accounts for the full reporting process.