Unincorporated Bodies (Scotland)

Deadline: 
Mon, 02/07/2012
Key issues: 

The UK Government is progressing a consultation in Scotland on limited liability for unincorporated associations based in Scotland.

The main features of the legislation are:

  • unincorporated associations meeting certain criteria would become Scottish Associations with Legal Personality (SALP)
  • becoming a SALP is not dependent on registration, it occurs automatically if the criteria are fulfilled and terminates if the criteria cease to apply.

The criteria for becoming a SALP are:

  • at least two members
  • not profit making
  • wholly or mainly managed in Scotland
  • constitution must contain the name, non-profit making objects, criteria for membership, procedures for election of management, powers and duties of those managing the association, amendment and dissolution provisions.

The result would be that the SALP, as a legal personality, would have the protection of limited liability.

Relevant for: 
  • Sports clubs and national governing bodies in Scotland.
  • Those in the rest of the UK may want to suggest this proposal is extended.
Impact: 
Medium
How to reply: 

The consultation has a twelve-question questionnaire which you can return to the Scotland Office.

sheila.scobie@scotlandoffice.gsi.gov.uk

If you think the proposal is positive and the rest of the UK should follow pursuit, contact James below.

The Alliance will provide a further note in due course.

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