Required & Regulatory

The CLD sector is made up of many different types of organisation from local authority agencies to constituted and un-constituted voluntary organisations and groups to registered charities to companies limited by guarantee. Each of these different types of organisation are governed by different regulations

CLD practitioners, especially those supporting community capacity building, have a role in supporting local organisations and groups and helping them to meet the regulations that apply to them.

In this section we highlight ….

• Governance – what does it involve
• Self assessment checklist – How well do I/we …
• Resource links

Governance – what does it involve

Governance is the term which describes the systems and processes concerned with the overall direction, supervision and accountability of an organisation. This is usually carried out by the governing body of an organisation which may be called the board, the management committee, the executive committee, the trustees or directors, depending on the structure of the organisation.

You can assess the governance of an organisation by using the SCVO Governance Health Check questionnaire which includes a number of indicators relating to direction, planning, monitoring, and people.

Organisations that Support Charities and Voluntary Groups

• Office of the Scottish Charity Regulator (OSCR)

OSCR is the independent regulator and registrar for Scottish charities. Its purpose is to support a flourishing charity sector in which the public has confidence underpinned by OSCR’s effective delivery of its regulatory role. As well as listing registered charities, OSCR provides guidance and information for charities and trustees.

Charity trustees are the people who make up the governing body and have “general control and management” of a charity. They can also be known as: directors, management committee members, or committee members.

Charity trustees are responsible for the governance and strategy of their charity. They are responsible for making sure that their charity is administered effectively, and is able to account for its activities and outcomes both to OSCR and to the public.

Guidance for Charity Trustees is a booklet available from OSCR which provides information about the regulatory and general responsibilities of charity trustees.

• Scottish Council for Voluntary Organisations (SCVO)

SCVO supports the voluntary sector in Scotland. It provides useful information and guidance including how to set up a voluntary organisation in six steps:

1. Identify an unmet need.
2. Build a team.
3. Agree the broad aims and purpose of the organisation.
4. Make a plan.
5. Get constituted.
6. Decide the legal standing: formal or informal.

You can find out about the organisational structures that are available to groups including:

• The new Scottish Charitable Incorporated Organisation
• Voluntary association
• Trust
• Company Limited by Guarantee
• Community Interest Company
• Friendly Societies
• Co-operatives

SCVO also provides Information for Trustees and Committees including the roles and responsibilities of voluntary committee members and the more specific role of chair, treasurer and secretary.

Self assessment checklist – How well do I/we …

• Understand the legal requirements of constituted and un-constituted groups in CLD?
• Work with groups to help them understand and communicate the responsibilities of their roles?
• Support governance issues with voluntary groups in CLD?
• Support groups in applying for public funds and/or helping them to improve their practice in good management practice?
• Know where to find information and guidance about governance issues?