Scotland's Redress Scheme: scheme contributor information

14. Charity Law (Scotland)

109. Section 17 of the Act is designed to overcome potential barriers to charities registered in Scotland being able to contribute to the Scheme, should they choose to do so.

110. The Act includes provision at section 17 that the making of a financial contribution to the redress scheme will be treated for all purposes as:

• being in furtherance of the charity’s charitable purposes and consistent with its constitution;
• providing public benefit;
• not being contrary to the interests of the charity; and
• being within the powers exercisable by the charity trustees of the charity.

111. The charity trustees’ duties in terms of the Charities and Trustee Investment (Scotland) Act 2005 to act in the interests of the charity and with due care and diligence still applies to the charity trustees’ decision whether to contribute to the Scheme. No changes have been made to the current list of charitable purposes or the charity test in the 2005 Act. Guidance for charity trustees and their charitable purposes can be found on the Scottish Charity Regulator (OSCR) website.

112. Section 17 of the Act came into force on 28 June 2021 through the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Commencement No. 1) Regulations 2021.