Written Question · S4W-17757 · Session 4
Whether it will amend the Charities and Trustee Investment (Scotland) Act 2005 to specify that organisations opposed to same-sex marriage w…
The question
To ask the Scottish Government whether it will amend the Charities and Trustee Investment (Scotland) Act 2005 to specify that organisations opposed to same-sex marriage will not fail to meet the charity test because of this view.
The answer
No. We do not consider such an amendment is necessary.
Section 7 of the Charities and Trustee Investment (Scotland) Act 2005 provides that a body meets the charity test if its purposes consist only of one or more of the charitable purposes and it provides public benefit. One of the charitable purposes laid down in section 7 of the 2005 Act is the advancement of religion.
Decisions on charitable status are a matter for the Office of the Scottish Charity Regulator (OSCR). OSCR have advised us that the simple expression of a view on same sex marriage which was to the furtherance of a body’s charitable purposes is not expected to adversely affect the body’s charitable status.
In addition, the Marriage and Civil Partnership (Scotland) Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech.
Section 7 of the Charities and Trustee Investment (Scotland) Act 2005 provides that a body meets the charity test if its purposes consist only of one or more of the charitable purposes and it provides public benefit. One of the charitable purposes laid down in section 7 of the 2005 Act is the advancement of religion.
Decisions on charitable status are a matter for the Office of the Scottish Charity Regulator (OSCR). OSCR have advised us that the simple expression of a view on same sex marriage which was to the furtherance of a body’s charitable purposes is not expected to adversely affect the body’s charitable status.
In addition, the Marriage and Civil Partnership (Scotland) Bill has provision at section 14 making it clear that the introduction of same sex marriage will have no impact on existing rights to freedom of speech.
In the Official Report
No contribution in the Official Report cites S4W-17757 by reference.