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Does your Shed’s constitution allow for virtual meetings/new Scottish law?

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‘GRACE’ PERIOD COMING TO AN END: 3OTH MARCH 2021

During the course of the pandemic, many Men’s Sheds adopted new ways of conducting meetings by carrying these out virtually. The Office of the Scottish Charity Regulator (OSCR) is advising that the governing documents of some charities do not allow for this online approach and therefore must be updated.

On the 30th September 2020, the Corporate Insolvency and Governance Act 2020 (Meetings of Scottish Charitable Incorporated Organisations) (Coronavirus) (No. 2) Regulations 2020 made legal provision to enable ‘virtual’ methods whether or not governing documents permit this.  These temporary provisions were extended until the 30th March 2021. 

OSCR is advising charities that this is likely to be the last extension to these provisions.  Therefore, it is vital that Sheds make sure they are ‘future-proofed’ in terms of being able to conduct meetings virtually by allowing for them in governance documentation. 

SMSA’s Shed-specific Constitution template

SMSA has worked with OSCR to revise its Shed-specific Constitution templates available to Sheds across Scotland:

  • Generic – Men’s Shed Template Constitution – Available in the SMSA Resource Library (member log-in required) under Open Sheds and Shed Development.
  • Ownership – SCIO Community Asset Transfer building ‘Ownership’ Constitution – Available in the SMSA Resource Library (member log-in required) under Open Sheds and Shed Development.

The changes advised by OSCR were to include the wording ‘in person and virtual’ into four different places. The above templates have been updated to reflect these recommendations.

These documents are in an editable format for your benefit and are not to be changed in any other way than adding your personal Shed charity criteria for OSCR submission. If you have adopted our SMSA/OSCR approved Shed constitution you MUST update it to this format to remain operational and legal after the March grace period. Sheds then need to notify OSCR, send the Regulator a copy of the revised constitution and ideally, the Resolution (e.g. Minute of the Board passing of the change).

If your Shed requires support, please contact Jason Schroeder, SMSA Executive Officer at ceo@scottishmsa.org.uk or call 07397382533.

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