Insight
The Scottish Housing Regulator (SHR) and the Office of the Scottish Charity Regulator (OSCR) have published an updated Memorandum of Understanding (MOU) which sets out how they will work together to regulate charitable Registered Social Landlords (RSLs).
SHR and OSCR have distinct statutory responsibilities in relation to the regulation of charitable RSLs. The MoU explains how SHR and OSCR will work together to fulfil their statutory responsibilities and prevent duplication of regulation and any unnecessary burden on charitable RSLs.
The primary objectives of the MoU are to:
- promote the duty on both organisations to communicate;
- ensure that SHR and OSCR fulfil their statutory duties in the most effective way possible;
- minimise the burden of regulation for RSLs in Scotland registered as charities; and
- set out the ways of working between OSCR and SHR in which SHR will act as lead regulator.
OSCR and SHR have adopted the ‘lead regulator’ model in respect of dual-registered charities. This allows SHR to take the lead in substantial business with these charities without negating the legal requirements in respect of each regulator. The lead regulator model will cover areas such as:
- Annual Return Process;
- Performance Monitoring;
- Notifiable Events;
- Complaints;
- Inquiries;
- Criminal Offence; and
- Dispute Resolution.
It is envisaged that the lead regulator model will bolster cooperation enabling both OSCR and SHR to minimise the burden of dual-regulation and keep requirements proportionate.
Michael Cameron, chief executive of SHR
, said: “SHR and OSCR developed this MoU to ensure we work effectively to fulfil our statutory duties and minimise the burden of regulation for charitable RSLs. The MoU describes the practical arrangements both regulators have put in place to keep the requirements for charitable RSLs proportionate.”