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Process for England and Wales charity to register in Scotland

Alison Fielding Vice President at Cardiomyopathy UK Posted 5 years ago

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I am working with a small English/Welsh charity (a CIO) who want to register in Scotland too. They don't have any staff or premises in Scotland currently although they may get a home based part -timer contractor in future. Although I don't think they need to register legally on the basis of current activity, they want to as they have been advised that it will be easier to apply to Scottish funding sources. My issue is that I can't tell from the OSCR if/how they can be a Scottish CIO and have parallel governance/operating in both regions - it seems to say you have to have Scottish premises to do this. So, will they have to register as an unlimited charity or a get a charitable company registration instead? We want the benefit to be proportional to effort involved.  Interested to know others experience of doing this and timescales involved.
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Emma Patmore

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Associate Consultant Trustee Recruitment & Development at Bruce Tait Associates 5 years ago

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Hi Alison,
Have you asked SCVO, Scottish Council of Voluntary Organisations - they might be able to advise you too, and might have specialist consultants/advisors available to help. Similarly, have a look at the Cranfield Trust who have a whole host of people who specialise in different areas of charity set-up.
Good luck!
Emma

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Cecile Gillard

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at Charity adviser 5 years ago

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Hi Alison
Unfortunately there are complexities for English specific charities (which a CIO always is) and the charity law as wells as charity registration and regulation regimes in Scotland. No quick and easy answers that can be posted here I am afraid. Your charity needs situation specific advice from a specialist with knowledge and experience of 'cross border' issues for charities. 
The Office of the Scottish Charity Regulator has guidance on its website about the registration application process for non-Scottish charities needing to apply for registration on the Scottish. However that is process guidance only - it is not legal advice on the particular issues for an English CIO. 

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