Public policy highlights

Gambling regulation

An inquiry is being undertaken by the UK Parliament’s Digital, Culture, Media & Sport Committee in respect of gambling regulation, to examine the Government’s approach with a view to increasing protection for those at risk of gambling-related harms. 

The Society’s Licensing Law Subcommittee considered and responded to the inquiry. In particular, the response stressed that enforcement should be a key priority for reform of the Gambling Act 2005. 

It reiterated the position that a significant regulatory gap persists with respect to enforcement activity in Scotland. Many licensing boards (the bodies responsible for regulating licensed gambling premises in Scotland) do not engage in compliance or inspection work as they have no confidence that their licensing standards officers have the required statutory authority to do so, given the wording in ss 303 to 305 of the Act.

The response also advised that there is a pressing need for clarity regarding enforcement and compliance. It is suggested that the large number of licence conditions, codes of practice, guidance and regulations should be consolidated to ensure that the legislation is clear, easy to interpret and fit for purpose. 

Charities Bill

The Society’s Charity Law Subcommittee submitted written evidence to the Social Justice & Social Security Committee of the Scottish Parliament on the Charities (Regulation and Administration) (Scotland) Bill.

It highlighted a longstanding involvement in the consultation and engagement process leading to the bill, and the committee’s view that more comprehensive reform of charity law is needed to place the sector on the strongest possible footing for the future. The response welcomed the Scottish Government’s commitment to a wider review of charity law after the passage of the legislation, but called for further clarification on the scope and timescales of the review.

Changes proposed by the bill were welcomed as sensible and proportionate. In particular, the response welcomed the inclusion of proposals for the creation of a record of charity mergers providing for the transfer of legacies, which was identified as an area for reform by the Society in its response to the 2021 Strengthening Scottish Charity Law survey. 

While noting that the bill would not bring the Scottish regulatory system fully into line with other parts of the UK, the response highlighted that regulation should be appropriate to the sector and that the bill would create alignment in many respects.

Along with specific comments on a number of sections of the bill, the response noted disappointment that the bill as introduced did not contain reforms relating to the treatment of royal charter/warrant and enactment charities.

The committee would be pleased to hear members’ views on the bill. Email your comments to policy@lawscot.org.uk

For the Society’s work on the bill so far, and more information on its policy work, see www.lawscot.org.uk/research-and-policy