• Tag: For Community Groups

    Charity Law Changes: What You Need To Know

    placement on 2 December, 2024

    The Charities (Regulation and Administration) (Scotland) Act 2023 introduces important updates to Scottish charity law. It builds on the 2005 Act to improve transparency, accountability, and trust in the sector.

    Some changes are already in effect, while others will be introduced in phases. This blog focuses on the most significant updates and how charities in Midlothian can prepare. You can read more about the changes on OSCR’s website or checkout a detailed summary from SCVO.

    What Has Changed Since April 1, 2024?

    The first set of changes came into effect in April 2024:

    • Enhanced Inquiry Powers: OSCR can direct charities to take specific actions, appoint interim trustees, and investigate former charities and trustees.
    • Removal from Register: Charities that fail to submit accounts or engage with OSCR may be removed from the Scottish Charity Register.
    • Connection to Scotland: Charities are required to demonstrate a meaningful connection to Scotland.
    • Simplified Processes: Reduced notice periods for certain charity changes, like mergers and name updates.
    • Interim Trustee Appointments: OSCR will have the power to appoint interim trustees.
    • Record of Removed Persons: A searchable database of disqualified individuals has been published to help charities vet prospective trustees more easily.

    What’s Coming in 2025?

    The following updates will roll out in mid-late 2025, to give charities time to prepare:

    • Schedule of Charity Trustees: OSCR will hold an internal record of trustees and publish all names of trustees to the Scottish Charity Register.
    • Publishing Charity Accounts: All charities will be required to submit accounts to OSCR each year – these will be publicly available.
    • Extended Disqualification Rules: The list of offences for automatic disqualification will be extended and will also apply to staff or volunteers who undertake a senior management function for a charity.
    • Register of Charity Mergers: OSCR will create a register of charity mergers and, where a merger is recorded, the new charity will be entitled to any legacies bequeathed to charity that has merged with it.
    • Other technical changes: Read OSCR’s summary for details on other small amendments.

    What Won’t Change?

    • Does not replace the 2005 Act.
    • OSCR’s regulatory role and existing powers.
    • General duties of trustees.
    • The Charity Test and purposes.
    • Accounting and reporting requirements.

    What Can You Do to Prepare?

    1. Update Trustee Records: Ensure all details are accurate and up to date.
    2. Audit Your Accounts: Prepare them for public scrutiny by correcting inaccuracies or removing sensitive details.
    3. Refresh Governance Policies: Review and update induction packs/ due diligence processes.
    4. Keep Updated: Follow guidance as it becomes available. Join upcoming webinars from OSCR:
      Wednesday 4th December at 10am  
      Thursday 5th December at 6.30pm
      SCVO are also holding a session on how trustees and senior management may be affected:
      Thursday 5th December at 10am

    Stay Informed

    Visit OSCR’s website and sign up for their newsletter to stay on top of these changes.

    Phone: 0138 222 0446 (09:30-15:30 Monday to Thursday & Fridays, 09:30-15:00)

    Email: info@oscr.org.uk

    Online Contact Form: www.oscr.org.uk/contact-oscr/contact-form

    END

    Changes to the PVG Scheme: Are You Prepared?

    placement on 22 November, 2024

    Disclosure Scotland will be implementing the Disclosure (Scotland) Act 2020 from April 1 2025 onwards. This includes making changes to Protecting Vulnerable Groups (PVG) scheme memberships. Below we have highlighted some of the key changes to be aware of and what you need to do to prepare. You can read a full summary of the changes on Disclosure Scotland’s website.

    From April 1 2025:

    Regulated Roles: Current ‘Regulated Work’ will become ‘Regulated Roles.’ If you’re in a Regulated Role, you legally need to become a member of the Protecting Vulnerable Groups (PVG) scheme.

    New Responsibilities: Both the organisation and the individual are now responsible for ensuring PVG membership if in a Regulated Role. This means if your organisation mistakenly says you don’t need a PVG when you actually do, both parties could face legal consequences.

    New Roles Added: Some roles that weren’t previously covered by the PVG scheme, like football agents, talent scouts, and certain hospice positions, now require it.

    What You Need To Do:

    Check if You’re Doing or Providing a Regulated Role: Identify if your role or your staff/ volunteers’ roles are classed as Regulated Roles.

    Get PVG Membership if Required: If your role qualifies, make sure you join the PVG scheme before April 1 2025.

    Stay Updated: Check out Disclosure Scotland’s website at www.disclosure.gov.scot for full details of the upcoming changes.

    If you are unsure about the changes or have any questions, contact Volunteer Scotland Disclosure Services (VSDS):

    Phone: 0178 684 9777

    Email: disclosures@volunteerscotland.org.uk

    Website: www.volunteerscotland.net/disclosure-services

    Download the leaflet version of this page:

    PVG Changes HandoutDownload

    END

    Midlothian Charities Call on UK Government to Reimburse NI Increases

    placement on 14 November, 2024

    Midlothian Third Sector Interface published the following press release this week:

    Midlothian charities are calling on the UK Government to ensure that support is provided to cover costs brought on by the increase in employers’ national insurance contributions (NICs).

    Recent announcements from the UK Budget have raised extreme concern over the impact on charities and community groups across Midlothian. The increase in employer’s NICs from 13.8% to 15% is a further financial burden coming at a time when many organisations are already teetering on the edge of financial crisis. Without support from the UK Government to mitigate the impact of these increases, there is significant threat of redundancies and service closures across the voluntary sector.

    For charities in Midlothian, the impact is already being felt. One Midlothian charity explained,

    “It will cost us close to £100,000 extra per year in increases to NI contributions and the real living wage.”

    Another local charity echoed this concern,

    “The increase in national insurance contributions alone will cost us over £10,000 annually. We are already struggling to meet growing demand for our services.”

    Charities in Midlothian do not operate in isolation; they complement and support public services, from mental health support and social care to youth services and food banks. The loss of these vital third sector services will not only be detrimental to the communities they serve but also to the public sector, which will be further strained, leaving people with nowhere to go.

    These announcements come on top of Midlothian Council’s recent savings proposal consultation, which outlines potential cuts and reductions to public services across the county as the council seeks to lessen its budget shortfalls.

    Unlike the public sector, which has been assured support to offset NIC increases, the voluntary sector has yet to receive any such commitment. We are calling on the UK Government to extend this support to employers in the third sector.

    Volunteer Midlothian’s volunteer-led Conversation Café project.

    END

    Community Benefits in Action – Wishes Delivered

    placement on 25 September, 2024

    Community benefits are special contract conditions, additional to the main purpose of a public contract, whereby suppliers or developers must make contributions to improve the economic, social or environmental well-being of the local area.

    Here are a few examples of benefits which have been delivered recently in Midlothian:

    FES Energy Shawfair Energy Centre and District Heating Network project donated £1,000 to Newton Church Hall to kickstart their fundraising for a new automated door to make it more accessible for the many groups that utilise the hall. They also provided gardening equipment for their after-school club to plant a vegetable garden.

    Millerhall Residents Group also received a donation of £1,000 from FES towards a new gate for their play area and some bat boxes for bats whose habitat may have been lost in the new housing development.

    The Base, a new youth club in The Hub Danderhall, received a donation of £500 towards their rental costs from Clark Contracts, who are undertaking work at the Western General Hospital.

    Roslin Guerrilla Gardeners were delighted to work with 2 volunteers from Clark Contracts who spent a day clearing weeds at Roslin Medical Practice.

    Midlothian Voluntary Action placed a bid on the NHS portal for 8 new office chairs which was fulfilled by Langstane Press Ltd.

    We offer free community benefits training to organisations & community groups in Midlothian! We’ll take you through how to apply, offer 1-1 support, and answer any questions you may have.

    Contact Us About Community Benefits
    MVA staff happy with their new office chairs!

    £247k Fund Launching for Midlothian Community Groups

    placement on 26 August, 2024

    A bright yellow sunflower contrasted against a pale blue sky.

    We are excited to announce that Year 4 of the Midlothian Communities Mental Health and Wellbeing Fund for Adults launches on Monday 9 September 2024. We will distribute a total of £247,983.21 to local third sector organisations and community groups by the end of March 2025.

    Fund Purpose and Objectives

    This fund, highly valued and eagerly anticipated, aims to support people’s mental health and wellbeing while offering opportunities for community connections. It focuses on funding activities that address mental health challenges early or prevent the deterioration of wellbeing. Midlothian Third Sector Interface has been appointed by the Scottish Government to distribute the funding locally. The fund emphasizes prevention, early intervention, and supporting grassroots community groups in tackling mental health inequalities. Organisations are encouraged to work together, and the fund’s processes are designed to be easy to understand and accessible. We seek to fund group projects that promote good mental health, foster meaningful and supportive connections within communities, and help individuals find a sense of purpose.

    History and Evolution of the Fund

    The fund was initially established to respond to the mental health effects of the Covid-19 pandemic. In Year 2, the fund expanded its scope to address the cost-of-living crisis. Year 3 continued to emphasize the importance of supporting mental health and wellbeing through tough times, particularly for those living in poverty or experiencing work-related distress.

    Year 4 Focus and Objectives

    In year 4, the grant will continue to support community-based initiatives that promote and develop good mental health and wellbeing. It also aims to mitigate and protect against the impact of distress, anxieties, diagnosed mental ill health, and neurodiversity within the adult population. The fund is particularly focused on addressing social isolation and loneliness, as well as preventing suicides.

    Grant Streams in Year 4

    Year 4 will continue the existing distribution model, dividing the fund across three separate grant streams:

    • Microgrants: Up to £2,000 (min £500)
    • Small Grants: Up to £10,000
    • Larger Grants: Up to £30,000

    To complement these grant streams, up to £5,000 per organisation will also be available for capital spending. Both new projects and existing ones that demonstrate impact and progress are encouraged to apply.

    Oversight and Community Involvement

    The model used in Midlothian has been replicated across Scotland over the last three years. Every Third Sector Interface (TSI) and voluntary group in the country has been involved in raising awareness of mental health and wellbeing through community-based activities.

    In Midlothian, the fund is overseen by a team of staff and volunteers from the TSI, Midlothian Council, Health in Mind, NHS Lothian, and Midlothian Health and Social Care Partnership. Like the previous years, the year 4 funding—informally called “the Sunflower Fund”—emphasizes collaboration, partnerships, capacity building, and the development of creative projects that operate at a grassroots level.

    In year 4, people with lived experience are again involved in the fund’s administration and decision-making processes. The Detailed Fund Guideline outlines various aspects of the fund, continuing the year 3 theme of building on existing collaborations while empowering new ones.

    A Message from Our Chief Officer

    “We are delighted to have been given this money again to support local organisations in such difficult times of austerity and scarce funding streams. We strongly believe in community strength and spirit to support each other, learn from each other, and connect. Throughout the years, we have seen evidence of good partnership working, and we will encourage this yet again this year to leave a lasting impact and pave the paths for future collaborations.
    We know that Midlothian’s communities are committed to supporting good mental health and wellbeing, whether this is through specialist trauma-informed practices, walking and talking, or simply a cup of tea and a blether. I believe the Fund will enable more people to make social connections and access opportunities that promote good mental health, prevent worsening of wellbeing, and empower people to overcome mental health challenges.”

    Dr Lesley Kelly

    Chief Officer, Midlothian Third Sector Interface
    Visit the Fund Webpage
    Contact Us

    Scottish Government proposes charges for volunteers’ PVGs. 

    placement on 3 May, 2024

    What’s Happening? 

    Disclosure Scotland has opened a proposal to introduce fees for volunteering. They plan to remove the current fee waiver and apply a  fee of £28 for volunteers to join the Protecting Vulnerable Groups (PVG) scheme membership (this is a 60% reduction on the proposed standard fee of £70). If implemented, this will have a huge impact on volunteers and volunteer involving organisations. 

    Disclosure Scotland are also making changes to the Disclosure (Scotland) Act 2020. As part of this, the PVG membership scheme will become a legal requirement for those in ‘Regulated Roles’, this could mean that even more people will need to be signed up to the PVG scheme, thus more people will be affected by the fee proposal. 

    Our Stance 

    • We believe volunteering should be free for everyone. Volunteers give their time and effort to help others and asking them to pay to do so is insulting.  
    • At a time when we are in a volunteer crisis and volunteer numbers are steadily falling, this only puts up more barriers to volunteering. Many organisations rely on volunteers to do important work, and adding fees will make it harder for them to recruit volunteers. 
    • The implementation of this fee goes against core values and meaning of volunteering. The Volunteer Charter from Volunteer Scotland mentions, “No one should be prevented from volunteering due to their income.”. 

    What You Can Do 

    Now is your chance to speak up. We are conducting our own survey to examine the impact  implementing fees for PVGs could have on volunteers and volunteer involving organisations: 

    MTSI PVG Fee Survey

    ALSO, we strongly encourage you to submit your views to the VSDS online consultation. They will use this feedback to decide whether to go forward with these fee structures. Your responses are crucial. 

    Submit your views now before the consultation closes on Tuesday 28 May. 

    Disclosure Scotland Consultation

    You do not need to answer every question, however we urge you to answer the ‘discount for volunteers’ section. The two questions are as follows: 

    Question 6 – Do you agree with the proposal to move to a fee discount structure for volunteers in QVOs? 

    [Yes / no / don’t know] 

    Question 7 – What information do you think we need to consider when proposing moving to a fee discount for volunteers in QVOs? 

    [Free text] 

    We think Question 6 is ambiguous and could be interpreted in different ways. We recommend you do not to answer this question, and instead write your full response under Question 7. 

    Spread the Word 

    Share this information with your colleagues, friends, and anyone else who might be interested. Together, we can make sure volunteering stays accessible for everyone. 

    To learn more about changes to the Disclosure (Scotland) Act 2020, visit www.disclosure.gov.scot/changes. 

    Applications open for CMHWB Micro Grant

    placement on 30 January, 2024

    Are you a community group looking for funding?

    Year 3 of Midlothian Community Mental Health and Wellbeing Fund for Adults launched in the end of September 2023 distributing over £246 thousand to third organisations and community groups. It has already seen many successful applications for larger projects. There is a small fund of £7800 to support micro grant applications, to be distributed by the end of March 2024. The Fund aims to support people’s good mental health and wellbeing and to provide opportunities to connect with others in local community.

    Local groups are invited to apply for funding from £200 up to £2500.

    Known as “the Sunflower Fund” the funding has a strong emphasis on collaboration, partnerships, capacity building and the development of creative projects that can work at a grassroots level, together with local people. All these to ensure outcomes are inclusive and have maximum impact on a local level. In Midlothian the fund had been overseen by a team of staff and volunteers from the TSI, Midlothian Council, Health in Mind, and Midlothian Health and Social Care Partnership. The Lived Experience Working Group from Health in Mind will be assessing the funding applications. 

    Fund enquiries should be directed to Magda Clark magda@volunteermidlothian.org.uk by 26 February 2024.

    Read more about the Midlothian Community Mental Health and Wellbeing Fund here.

    Midlothian Third Sector Interface

    Good Governance in the Third Sector

    Miriam Leighton on 8 February, 2021

    Moving your Board Meetings Online

    This month we’re publishing a series of blog posts to help organisations update their governing documents if needed, so online meetings can continue. Here’s the first blog written by our Deputy Chief Officer, Rebecca McKinney:

    Wiki Education board meeting June 2020 via Zoom by LiAnna (Wiki Ed) is licensed with CC BY-SA 4.0.

    The process for how your organisation holds board meetings and members’ meetings such as AGMs and EGMs will be set out in your governing document. In normal times, you must follow this process.

    In response to the Covid 19 Pandemic, some rules have been loosened to allow meetings to be held virtually even when this is not stated in your governing document. However, the rules are currently scheduled to revert back at the end of March, 2021. This means that if you want to continue having virtual board or members’ meetings, you may have to change your governing document. Here’s what to do next:

    1. Find your constitution or your articles of association and read the sections pertaining to the conduct of Directors’/Trustees’ meetings and Members’ meetings.
    2. Does the document specify that meetings may take place electronically or virtually?
    3. Or, does it have clauses stating that the meeting will be treated as taking place regardless of where participants actually are?
    4. Remember to check sections pertaining to both DIRECTORS and MEMBERS.
    5. If YES, you don’t have to make any changes to your governing document.
    6. If NO, read on:
    If your organisation is a SCIO or unincorporated charity, see these NEXT STEPS:

    1. Hold an AGM or EGM and pass a resolution to make the change to your constitution. Remember that this meeting must be quorate. At least two thirds of members who participate in the vote must agree to the change.

    2. Inform OSCR within three months that you have made the change, by sending their notification form and a copy of your amended constitution. You can find out more about how to do this here. Suggested text is available via SCVO. You will need to adjust the wording and clause numbering to match your particular constitution.

    Add immediately after clause 40: “40A. The board may make arrangements, in advance of any members’ meeting, to allow members to participate in the members’ meeting by means of a conference telephone, video conferencing facility or similar communications equipment – so long as all those participating in the meeting can hear each other; a member participating in a members’ meeting in this manner shall be deemed to be present in person at the meeting.”

    Amend clause 44: “44 Every member has one vote, which must be given personally; for the avoidance of doubt, a vote given by a member participating in the meeting through any of the methods referred to in clause 40A will be taken to be given personally for the purposes of this clause.”

    Add immediately after clause 86: “86A. A charity trustee may participate in a meeting of the board by means of a conference telephone, video conferencing facility or similar communications equipment – so long as all the charity trustees participating in the meeting can hear each other; a charity trustee participating in a meeting in this manner shall be deemed to be present in person at the meeting.”

    Amend clause 90: “90. Every charity trustee has one vote, which must be given personally; for the avoidance of doubt, a vote given by a charity trustee participating in the meeting through any of the methods referred to in clause 86A will be taken to be given personally for the purposes of this clause.”

    If your organisation is a Company Ltd by Guarantee WITH charitable status, follow these NEXT STEPS:

    1. Hold an AGM or EGM and pass a resolution to make the change to your Articles of Association. Remember that this meeting must be quorate. At least two thirds of members who participate in the vote must agree to the change.

    2. Inform Companies House of the change to your Articles within 15 days. You can find out how to do this here.

    3. Inform OSCR within three months that you have made the change, by sending their notification form and a copy of your amended constitution. You can find out more about how to do this here.

    Some sample statements you may insert into your Articles are:

    In determining whether directors are participating in a directors’ meeting, it is irrelevant where any director is or how they communicate with each other.

    or

    If all the directors participating in a meeting are not in the same place, they may decide that the meeting is to be treated as taking place wherever any of them is.

    And

    In determining attendance at a general meeting, it is immaterial whether any two or more members attending it are in the same place as each other.

    If your organisation is a CIC or Company Ltd by Guarantee without charitable status, follow these NEXT STEPS:

    Check your CIC Articles. It is likely that these already contain a clause enabling you to hold meetings in which all participants are not in the same place. In this case, you do not need to make any changes.

    If you do need to amend your articles, follow the same procedure as ‘If your organisation is a Company Ltd by Guarantee WITH charitable status’ above, but because you are not a charity, you will not have to inform OSCR.

    On 24 February we’re holding a free workshop for Midlothian third sector organisations that may need to change their governing document to allow virtual meetings.

    Virtual meeting best practice

    Miriam Leighton on 3 February, 2021

    "Zoom meeting" by chericbaker is licensed with CC BY-NC-SA 2.0. To view a copy of this license, visit https://creativecommons.org/licenses/by-nc-sa/2.0

    A poor internet connection, a frozen screen and Zoom fatigue are all problems that those of us taking part in video meetings have experienced during the pandemic.

    For all the downsides, video meetings have allowed some organisations to keep working under lockdown, and they can also be easier to attend for those with mobility issues or busy schedules. The technology reduces the costs of holding meetings, and businesses are now less dependent on office space.

    If your organisation wants to keep holding official meetings online or by phone (such as AGMs) after 30 March 2021, you may need to update your governing documents.

    Over the next three weeks we’re going to publish a series of blog posts that outline how to work out if you need to update your governing documents to allow for continued online meetings. We’ll provide some sample lines to use, and share case studies on what other businesses have learnt from holding meetings online. Topics we’ll cover will include how to manage online voting, preparing for those potential technical hitches and avoiding disruptive ‘Zoombombing’.

    Keep an eye on the news page over the coming weeks- follow us on Facebook or Twitter and we’ll let you know when the next post is live.

    On 24 February we’re holding a free workshop for Midlothian third sector organisations that may need to change their governing document to allow virtual meetings.

    Community and Third Sector Recovery Programme opens

    Miriam Leighton on 10 November, 2020

    The Community and Third Sector Recovery Programme is a £25m Scottish Government funded programme aiming to support charities, community groups, social enterprises and voluntary organisations that are supporting people and communities through the shift from lockdown to recovery. As well as providing ongoing crisis support, the fund will enable changes that will help organisations to adapt and thrive in a very different social and economic climate. The programme has two main strands: 

    This stream aims to support organisational change. It offers tailored support and funding to develop a plan so that third sector organisations can operate sustainably post-pandemic. 

    This stream supports the delivery of services in communities that were suspended or reduced because of COVID-19, or the creation of services that tackle new challenges presented by the pandemic. 

    You can apply now

    Both strands are now open. The two funds are based around an integrated system so, if required, a request can be made to both programmes using a single application form.