Statutory Instruments of the Scottish Parliament

"the 2005 Act" means the Charities and Trustee Investment (Scotland) Act 2005;

"annual report" means a report on the activities of the charity in a financial year as referred to in section 44(1)(b) of the 2005 Act;

"charity" unless the context otherwise requires, has the same meaning as in the 2005 Act;

"connected charities" means charities having common or related charitable purposes, or charities which have common control or unity of administration;

"consolidated adjustments" means the transactions between a parent body which is a charity and a subsidiary undertaking or between subsidiary undertakings;

"designated funds" means that part of the unrestricted funds, which the charity trustees set aside to be used for a particular purpose;

"expendable endowment funds" means funds which the charity trustees have the option, in certain circumstances, to spend as if it were income;

"financial year" has the meaning given in regulation 3;

(a) there are more than 50 charity trustees, in which case the names of 50 charity trustees is sufficient, or

(b) the charity is entitled to exclude the names of the charity trustees from its entry in the Register in terms of section 3(4) of the 2005 Act.

     5. The name of any person who has, at any time during the financial year in question, been a charity trustee, unless the charity is entitled to exclude the names of the charity trustees from its entry in the Register in terms of section 3(4) of the 2005 Act.

     6. Particulars of any deed or other document containing provisions which regulate the purposes and administration of the charity.

     7. A description of the methods which have been adopted by the charity trustees to recruit and appoint new charity trustees and the name of any external body or person that is entitled to appoint the charity trustees, if any.

     8. The purposes of the charity as set out in the constitution of the charity.

     9. A summary of the main activities of the charity undertaken and achievements in the financial year.

     10. A description of the policy which has been adopted by the charity trustees for the purpose of determining the level of reserves which it is appropriate for the charity to maintain in order to meet effectively its purposes, including the level of reserves held, why they are held and quantifying and explaining the purpose of any designated funds and the likely timing of any expenditure that has been set aside for the future.

     11. If the charity has a deficit, an explanation of the circumstances giving rise to it and details of the steps being taken to rectify it.

     12. An analysis of donated facilities and services, if any, that the charity received during the financial year.

(a) donations;

(b) legacies;

(c) grants;

(d) receipts from fundraising activities;

(e) gross trading receipts;

(f) income from investments other than land and buildings;

(g) rents from land and buildings;

(h) gross receipts from other charitable activities;

(i) proceeds from sale of fixed assets; and

(j) proceeds from sale of investments.

     4. The following payments in particular, if any, shall be shown separately:–

(a) expenses for fundraising activities;

(b) gross trading payments;

(c) investment management costs;

(d) payments relating directly to charitable activities, detailing material items;

(e) grants and donations relating directly to charitable activities;

(f) governance costs relating to–


(i) audit or independent examination;

(ii) preparation of annual accounts; and

(iii) legal costs associated with constitutional matters or trustee advice;



(g) purchases of fixed assets; and

(h) purchase of investments.

     5. The receipts and payments account shall set out transfers from a restricted, unrestricted, expendable endowment or permanent endowment fund into another fund separately.

     6. The statement of balances shall–

(a) distinguish between unrestricted, restricted, expendable endowment or permanent endowment funds;

(b) reconcile the cash and bank balances at the beginning and end of the financial year with the surplus or deficit shown by the receipts and payments account;

(c) summarise the holding of investments and market valuation;

(d) summarise other assets including gifted assets and state the cost or a valuation of the assets if available, and where the charity trustees consider the valuation to be lower than the cost, state the valuation;

(e) state an estimate of the liabilities at the end of the financial year showing separately any contingent liabilities.

(a) the nature and purpose of each of the funds including any restrictions on these funds;

(b) the number and amount of grant or grants paid, the type of activity or project supported and whether the grant or grants was or were made for the benefit of an individual or an institution;

(c) the amount of remuneration paid to a charity trustee or person connected with a trustee, the authority under which the remuneration was paid, and if no remuneration was paid to a charity trustee or a person connected to a trustee, a statement of that fact;

(d) the aggregate amount, if any, of expenses paid to the charity trustees, detailing the number of charity trustees paid and if no expenses were paid, a statement of that fact;

(e) the nature of any transactions between charity trustees and persons connected with a trustee, the nature of the relationship, the transaction amount and any outstanding balances at the end of the financial year of the charity;

(f) such other information as may reasonably assist the user to understand the statement of accounts.