Scotland's Redress Scheme: scheme contributor information

15. Charity Law (England and Wales)

113. A number of charities who may wish to contribute to the Scheme are registered in England and Wales. We have worked to remove technical barriers to charities registered in England and Wales from being able to make financial contributions to the redress scheme, should they wish to do so. Through an Order under section 104 of the Scotland Act 1998, we have ensured the proper cross-border operation of the provisions of the Act, including in relation to charities.

114. Article 2 of the Redress for Survivors (Historical Child Abuse in Care) (Scotland) Act 2021 (Consequential Provisions) Order 2021 provides 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.

115. In this article, “charity” has the meaning given by section 1 of the Charities Act 2011.

116. Charity trustees should take all of the relevant considerations into account before deciding whether or not it would be in the best interests of their charity to contribute to the redress scheme, taking advice where appropriate. The Charity Commission for England and Wales has published guidance for trustees on the principles that trustees should follow to make sound decisions (“It’s your decision: charity trustees and decision making (CC27)”). Trustees must also abide by their general trustee duties (see “The essential trustee: what you need to know, what you need to do”). Below are links to relevant guidance from the Charity Commission for England and Wales.