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Agenda Document Pack - Lanarkshire Educational Trust - 08/04/2026

North Lanarkshire Council · 8 April 2026
Back to Lanarkshire Educational Trust — 8 April 2026 and its agenda

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Page 1

26 March 2026 
Members of the 
Lanarkshire Educational Trust
Chief Executive’s Office
Rachel Blair
Chief Officer (Legal & Democratic)
Civic Centre, Windmillhill Street,
Motherwell ML1 1AB
www.northlanarkshire.gov.uk 
Notice is given that a Meeting of the Lanarkshire Educational Trust is to be held in the
Remote Meeting,  on Wednesday, 08 April 2026 at 14:00 PM which you are requested to
attend. 
The agenda of business is attached. 
Rachel Blair
Chief Officer (Legal & Democratic) 
Members : 
Clerk Name: Clare Louise McDonald
Clerk Telephone: 01698 302190
Clerk Email: mcdonaldcl@northlan.gov.uk 
K Larson, E Logan, M McBride, C McClymont, C Williams, G Wylie-Keatt.  
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Agenda 
1 Declarations of Interest In Terms of the Ethical
Standards In Public Life Etc. (Scotland) Act 2000   
2 Note of Previous Meeting - 22 October 2025
Submit note of previous meeting held on 22 October
2025. 
5 - 8 
3 Lanarkshire Educational Trust - Recommendations
Submit report by the Chief Officer (Housing and
Communities) seeking approval for LET award
decisions. 
9 - 14 
4 Review of (Draft) Unaudited Annual Accounts
2025/26
Submit report by the Business Finance Manager
informing of the Trust's unaudited annual accounts for
the year ended 31 March 2026. 
15 - 20 
5 The Charities (Regulation and Administration)
(Scotland) Act 2003
Submit report by the Legal Manager (Governance and
Information) providing a summary of key changes to
charity law brought into effect by the Charities
(Regulation and Administration) (Scotland) Act 2023. 
21 - 30 
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LANARKSHIRE EDUCATIONAL TRUST – 22 OCTOBER 2025 
1
22 October 2025, at 2pm. 
A Meeting of the LANARKSHIRE EDUCATIONAL TRUST 
PRESENT 
Councillors McBride and Watson (North Lanarkshire Council (NLC)), and
Councillors Logan, McClymont and Wylie-Keat (South Lanarkshire Council (SLC)). 
CHAIR 
Councillor McBride (Convener) presided. 
IN ATTENDANCE 
Chief Officer (Finance and Technology) (NLC), Assistant Community Partnership Manager (NLC), Acting Grants
Administration Officer (NLC), Service Manager (SLC) and Democratic Co-Ordinator (NLC). 
APOLOGIES 
Councillor Ballinger (NLC) and Community Partnership Manager (NLC). 
DECLARATIONS OF INTEREST IN TERMS OF THE ETHICAL STANDARDS IN PUBLIC LIFE ETC.
(SCOTLAND) ACT 2000 
1. Councillor Watson, by virtue of having a connection to Rathbones, declared a connection amounting
to a declarable interest in respect of Paragraph five “North Lanarkshire Council Educational
Endowments: Investment and Policy Strategy Review” and further declared that they considered that
the interest was so sufficiently remote that it did not preclude their participation in consideration of the
item. 
NOTE OF PREVIOUS MEETING – 8 APRIL 2025 
2. There was submitted the note of the previous meeting of the Lanarkshire Educational Trust held on 8
April 2025 for approval. 
Decided: that the note of the meeting, held on 8 April 2025, be approved. 
LANARKSHIRE EDUCATIONAL TRUST – RECOMMENDATIONS 
3. There was submitted a report by the Chief Officer (Strategy and Engagement): (1) providing an update
on the applications to the Lanarkshire Educational Trust Scheme; and (2) setting out in the Appendix
to the report, details of applications which had been received requesting grant assistance under the
Lanarkshire Educational Trust Scheme application rounds, which closed on 15 August 2025, together
with recommendations for grant awards. 
Decided: that the applications for grant awards under the Trust Scheme, as outlined in the
Appendix to the report, be approved. 
REVIEW OF UNAUDITED ANNUAL ACCOUNTS 2024/25 
Item 2
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LANARKSHIRE EDUCATIONAL TRUST – 22 OCTOBER 2025 
2
4. There was submitted a report by the Business Finance Manager: (1) setting out the requirement to
review the Trust Annual Accounts for the period ending 31 March 2025, prior to submission to the
Office of the Scottish Charity Regulator (OSCR) no later than 31 December 2025; (2) attaching the
Trust’s annual accounts for the period ending 31 March 2025; and (3) recommending that the finalised
accounts, for period ending 31 March 2025 be submitted to OSCR. 
Arising from discussion, it was requested that the Chief Officer (Finance and Technology) provide
copies of each of the certificates for those organisations outlined in the B2 Investments category of
the Appendix, which was agreed. 
Decided: 
(1) that the Trust’s Unaudited Annual Accounts, for 2024/25, be approved; 
(2) that submission of the Trust Annual Accounts, for period ending 31 March 2025 to OSCR, prior to
31 December 2025 be approved; and 
(3) that the certificates for those organisations outlined in the B2 Investments category of the
Appendix be provided. 
Prior to consideration of the following item of business Councillor Watson having declared a
connection, by virtue of having a connection with Rathbones, further declared that they considered
the interest was so sufficiently remote that it did not preclude their participation in consideration of
the item. 
NORTH LANARKSHIRE COUNCIL EDUCATIONAL ENDOWMENTS: INVESTMENT AND POLICY
STRATEGY REVIEW 
5. There was submitted a report by the Business Finance Manager: (1) providing the outcome of the options
appraisal concerning the financial management of the Trust’s assets; (2) summarising two options,
following extensive appraisal and evaluation of pertinent information and liaison with established asset
management firms, underpinned by the Council’s approved Treasure Management Strategy and
accompanying methodologies, namely Option A and Option B; and (3) recommending that (a) Option B,
‘Cash Deposits (Interest on Revenue Balances)’; and (b) the proposed Investment Policy and Strategy
of the Trust, be approved. 
Councillor McBride, seconded by Councillor McClymont, moved the recommendations contained within
the report. 
Councillor Watson, seconded by Councillor Wylie-Keatt, moved as an amendment: 
“To continue for further information and investigation by the Investment Managers”. 
Thereon the vote was taken by calling the roll. 
Three Members voted for the Motion as follows: 
Councillors Logan, McBride and McClymont. 
Two Members voted for the Amendment as follows: 
Councillors Watson and Wylie-Keatt. 
Three Members having voted for the Motion, and two Members having voted for the Amendment, the
Motion was accordingly declared carried. 
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LANARKSHIRE EDUCATIONAL TRUST – 22 OCTOBER 2025 
3
Decided: 
(1) that the proposed Investment Policy and Strategy of the Trust, be approved; 
(2) that the commencement of the review of the Trust’s Grant Awards Programme and Terms of
Reference be endorsed; and 
(3) that the contents of the report be otherwise noted. 
ANY OTHER BUSINESS 
6. Councillor Watson tendered his resignation as a Member of the Trust with immediate effect, which
was acknowledged by the Convener. 
DATE OF NEXT MEETING 
7. The Convener intimated that the Clerk would identify a date for the next meeting and provide the
appropriate notification. 
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North Lanarkshire Council
Report
Lanarkshire Educational Trust Committee 
Does this report require to be approved? ☒ Yes   ☐ No
Ref    LP/SL Date 08/04/26 
Lanarkshire Educational Trust - Recommendations 
From  Stephen Llewellyn, Chief Officer (Housing and Communities)  
E-mail llewellyns@northlan.gov.uk Telephone 07939 280680 
Executive Summary 
This report provides the Lanarkshire Educational Trust (LET) with an update on
applications to the Lanarkshire Educational Trust Scheme together with
recommendations for the distribution of the Trust income for the application rounds which
closed on 15 December 2025. 
Recommendations
It is recommended that the Lanarkshire Educational Trust: 
(1) Approve the LET award decisions set out in appendix 1 
(2) In line with the terms of reference of the Trust, Committee are recommended to
approve 6 applications £4,500 with 3 applications £3,000 being deemed ineligible
for support. 
The Plan for North Lanarkshire
Priority  Support all children and young people to realise their full potential
Ambition statement
(10) Engage with children, young people, parents, carers, and
families to help all children and young people reach their full
potential
Programme of Work Brighter Futures
Item 3
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1. Background 
1.1 Trusts were created in 1930 in the form of educational bursaries and scholarships
and reactivated under the collective heading of the Lanarkshire Educational Trust
Scheme for residents who reside within the area formerly known as The County of
Lanark in 1930 when the Trusts were established. Throughout 2023, the Trust
reviewed the criteria for applications to ensure that they are fit for purpose relating
to fairness and transparency in the current public sector context whilst maintaining
a focus on the original intent and purpose of the trusts around educational
excellence and attainment. 
2. Report 
Lanarkshire Educational Trust – 15 August 2025 
2.1  Appendix 1 sets out the applications received as of 15 December 2025 deadline.
Committee is asked to consider the recommendations detailed in appendix 1 and note
the refusal reasons where appropriate. 
2.2 Committee are recommended to approve 6 applications £4,500 with 3 applications
totalling £3,000 being deemed ineligible for support. 
3. Measures of success 
3.1  Direct funding to support participants to achieve potential.     
4. Supporting documentation 
4.1 Appendix 1- Applications received for consideration as at 15 December 2025. 
Stephen Llewellyn
Chief Officer (Housing and Communities) 
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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☒ No ☐ 
If Yes, have all relevant financial impacts been discussed and agreed with
Finance? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
Impact on the LET fund as set out in Appendix 1 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☐ No ☒ 
If Yes, have all relevant legal impacts been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☒ No ☐ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☒ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☒
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi?
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Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has
been made to ensure there has been appropriate consideration of the relevant
Articles from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
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Lanarkshire Educational Trust Scheme Committee 22 October 2025
New Applications for Consideration received up to 15 August 2025
REF Area Category Purpose of Application Costs Previous
Application
Amount
Requested
Recommendation
25/26
GR21/SB
North
Lanarkshire
25 To purchase AI camera
equipment 
1500 N/A 1500 Nil – recommend the Community Grant to
organisation
25/26
IN20/FF
North
Lanarkshire
22 BSC Hons Psychology -
Edinburgh Napier
University 
£2620 N/A  750 Nil – does not meet criteria 
25/26
IN22/BM
North
Lanarkshire
22 Travel costs for trip to
Zambia as part of medical
training 
£2330 N/A  750 Change category to 21 
£750
25/26
IN23/HM 
26 Costs associated with
attending Scottish Hockey
School 
£1500 N/A  750 £750
25/26
IN24/IPA
North
Lanarkshire
23 Data capturing and travel
expenses to gather
essential research for
PHD course 
1850 N/A  750 £750
25/26
IN25/JK
South
Lanarkshire 
Assist with costs for social
work course at
Caledonian University 
14600 £750 – Aug
2024
750 £750
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REF Area Category Purpose of Application Costs Previous
Application
Amount
Requested
Recommendation
25/26
IN26/KN
South
Lanarkshire
30 To assist with transport
to school of football as
young carer for mum 
750 N/A  750 £750
25/26
IN27/LC
North
Lanarkshire
26 To assist with costs to
represent Scotland in
Taekwondo
championships in England 
1000 N/A  750 £750     
Carry over from 15 August       
25/26
IN15/EM
North
Lanarkshire
30 Assist with fees for
Diploma in Professional
Legal Practice –
University of Strathclyde 
£12,200 N/A £750 Nil – does not meet criteria of exceptional
circumstances 
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North Lanarkshire Council
Report
Lanarkshire Educational Trust Committee 
Does this report require to be approved? ☐ Yes   ☒ No
Ref: SMcC Date: 08/04/26 
Review of (Draft) Unaudited Annual Accounts 2025/26 
From  Scott McCrossan – Business Finance Manager  
E-mail McCrossanS@northlan.gov.uk  Telephone 07353 153 042 
1. Background 
1.1 With a principal charitable purpose concerning the advancement of education for
children and young people, North Lanarkshire Council Educational Endowments –
SC028079 (the Trust) is a registered charity regulated under the Office of Scottish
Charity Regulator (OSCR). 
1.2 In line with prevailing legislation, the Trustees are responsible for preparing the
Trustees' Report and the financial statements in accordance with applicable law and
accounting practice.  In addition, the annual accounts of the Trust are required to be
Executive Summary 
This report provides the Trustees of the North Lanarkshire Council Educational
Endowments (the Trust) with pertinent information regarding the Trust’s draft, unaudited
annual accounts for the year ended 31 March 2026. 
Accordingly, following closure of the 2025/26 financial year, this report is placed to allow
the Trustees to appropriately review the draft position, with formal sign-off to follow on
completion of the annual audit and accounts process in the coming months. 
Recommendations 
It is recommended that the Lanarkshire Educational Trust Committee: 
1) Review the draft, unaudited accounts of the Trust for the 2025/26 financial year 
2) Otherwise, endorse the contents of the report 
The Plan for North Lanarkshire
Priority  Improve North Lanarkshire's resource base
Ambition statement (25) Ensure intelligent use of data and information to support fully
evidence based decision making and future planning
Programme of Work Statutory / corporate / service requirement
Item 4
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submitted to OSCR within 9-months after the end of the reporting period.  In this regard,
the 2025/26 annual accounts are due to be submitted to OSCR by 31 December 2026. 
1.3 To assist the Trustees in discharging their duties and responsibilities, officers within
North Lanarkshire Council have responsibility for preparing the annual accounts in
accordance with applicable law and accounting practice, as well as facilitating the
external audit process of the Trust’s annual accounts. 
1.4 As such, this report provides Trustees with pertinent management information
regarding the 2025/26 draft, unaudited annual accounts for review and awareness. 
2. Report 
2.1 Annual Accounts Overview 
2.1.1 Per the draft, unaudited accounts, the Trust reported a surplus of c. £0.047m in the
2025/26 financial year.  In addition, as at 31 March 2026, that the assets of the Trust
equated to c. £2.028m, an increase of c. £0.162m / 9% compared to the prior year. 
2.2 Analysis of 2025/26 Financial Year 
2.2.1 For additional management information, the table below provides a high-level summary
of the Trust’s draft, financial outturn and overall asset position for the 2025/26 financial
year, as well as outlining comparable figures regarding prior financial years: 
Table 1 
DRAFT
Trust Activity 2023/24 2024/25 2025/26 £ %
Statement of Receipts & Payments
Dividends 15,774 20,718 21,334 616 3%
Interest 58,505 61,876 55,000 (6,876) -11%
Total Receipts 74,279 82,594 76,334 (6,260) -8%
Grant Awards 18,646 21,649 13,468 (8,181) -38%
Administration Fee 15,000 15,000 15,000 0 0%
Other 20 20 20 0 0%
Total Payments 33,666 36,669 28,488 (8,181) -22%
Surplus / (Deficit) For Year 40,613 45,925 47,846 1,921 4%
Statement of Balances
Cash Funds 785,793 831,718 879,564 47,846 6%
Investments 959,440 1,034,669 1,148,484 113,815 11%
Total Assets 1,745,233 1,866,387 2,028,048 161,661 9%
Financial Ratios + / - 3-Year Ave
Receipts : Awards Ratio 4.0 3.8 5.7 1.9 4.5
Surplus : Awards Ratio 2.2 2.1 3.6 1.4 2.6
Surplus Margin 54.7% 55.6% 62.7% 7.1% 57.7%
Dividend Yield 1.6% 2.0% 1.9% -0.1% 1.8%
Income Yield 4.3% 4.4% 3.8% -0.7% 4.2%
Net Return on Assets 2.3% 2.5% 2.4% -0.1% 2.4%
Movement (25/26 v 24/25)
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2.2.2 Consistent with the previous two financial years, the Trust has again reported a net
surplus regarding the provision of its charitable activities.  More specifically, through a
combination of dividends and interest received aligned to the Trust’s current investment
portfolio, the Trust received c. £0.076m in income and expended c. £0.028m in the form
of grant awards (c. £0.013m) and administration costs (c. £0.015m). 
2.2.3 Referencing Table 1 above, further analysis of the Trust’s overall financial position and
performance over the last three financial years, is provided in Section 2.3 below. 
2.3 Analysis of the Trust’s Financial Position and Performance 
2.3.1 In the past three financial years, the assets of the Trust have generated average,
annual receipts of c. £0.078m (c. £0.076m | 2025/26).  In addition, as an expendable
endowment fund, the Trust has issued average, annual grant awards of c. £0.018m (c.
£0.013m | 2025/26). 
2.3.2 After factoring in static costs concerning the internal administration of the Trust’s
activities, based on the enacted investment policy and strategy, and accompanying
grant awards programme, the Trust has observed an average annual surplus of c.
£0.045m (c. £0.048m | 2025/26). 
2.3.3 In terms of the asset position, deposited cash funds have grown by the returned surplus
of c. £0.048m / 6% to c. £0.880m, coupled with an observed increase of c. £0.114m /
11% to c. £1.148m regarding the market value of the Trust’s investments in listed stocks
/ shares and unit / investment trusts (as at 31 March 2026). 
2.3.4 As highlighted above, in terms of the examination of the Trust’s financial position and
performance, all key financial ratios demonstrate levels of financial sustainability in
terms of servicing the Trust’s charitable activities.  Commentary regarding the pertinent
financial ratios of the Trust is outlined below: 
• In terms of the Trust’s core charitable objectives, the Receipts : Awards Ratio,
which expresses the entity’s ability to support grant awards relative to the receipts
generated, equated to a factor of 5.7 (3-Year Average: 4.5). 
• The Surplus : Awards Ratio, which expresses the entity’s reported surplus relative
to grant awards issued, equated to a factor of 3.6 (3-Year Average: 2.6).  In
addition, the associated Surplus Margin, which measures the surplus retained
relative to the total receipts generated, equated to c. 62.7% (3-Year Average:
57.7%). 
• From a financial performance and return perspective, in the 2025/26 financial
year, Committee are advised that deposited cash funds received an average
interest rate of c. 4.37% in line with North Lanarkshire Council’s approved
Treasury Management Strategy and aligned methodologies (i.e., receipts
received pertaining to Interest on Revenue Balances – IORB). 
• In terms of the Trust’s listed investments, the Dividend Yield, which measures the
income generated by an investment relative to its current market value (as at 31
March 2026), equated to c. 1.9% (3-Year Average: 1.8%). 
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• Moreover, the overall Income Yield, which measures the gross income generated
by all investments relative to their current market value (as at 31 March 2026),
equated to c. 3.8% (3-Year Average: 4.2%). 
• Lastly, the Net Return on Assets, which demonstrates how an entity uses its
assets to generate returns, equated to c. 2.4% (3-Year Average: 2.4%). 
2.3.5 In summary, the recent financial performance of the Trust’s assets suggests that the
level of receipts accrued from its investment portfolio can adequately support the
current level of charitable activity observed.  This is both in terms of the number of
applications approved in any given year, coupled with the current quantum of grant
award values issued for successful applications and associated categorisations. 
2.4 Annual Audit and Reporting Requirements 
2.4.1 Whilst considered prudent and reflective of the Trust’s 2025/26 position at this juncture,
Committee are advised that the figures outlined in Table 1, and the associated analysis,
are provisional and still subject to final year end reconciliations and associated
completion of external audit requirements. 
2.4.2 In this regard, Committee are advised that as the appointed auditors of the Trust, Audit
Scotland are due to commence their review of the unaudited accounts effective from
30 June 2026 to 18 September 2026, with the final completion date envisaged on or
around 30 September 2026.  On completion of the audit, the Trust’s finalised accounts
are due to be submitted to OSCR by 31 December 2026. 
2.4.3 In line with previous years, an update will be provided to Committee regarding the final
audited accounts in terms of review and approval prior to OSCR submission. 
3. Measures of success 
3.1 As a registered charity, the Trust continues to adhere to the requirements of relevant
statutory financial reporting standards and charity legislation. 
4. Supporting documentation 
N/A 
Scott L McCrossan CA
Business Finance Manager
Finance and Technology 
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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☒ No ☐ 
If Yes, have all relevant financial impacts been discussed and agreed with
Finance? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the impact? 
As stated within the main body of the report. 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☐ No ☒ 
If Yes, have all relevant legal impacts been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi?
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Page 20

Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has
been made to ensure there has been appropriate consideration of the relevant
Articles from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
____________________
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North Lanarkshire Council
Report
Lanarkshire Educational Trust 
Does this report require to be approved? ☐ Yes   ☒ No
Ref   
FE  Date 08/04/26 
The Charities (Regulation and Administration) (Scotland) Act 2023 
From  Fiona Ekinli, Legal Manager (Governance and Information), North
Lanarkshire Council  
E-mail ekinlif@northlan.gov.uk Telephone
07940461657 
Executive Summary 
The Charities (Regulation and Administration) (Scotland) Act 2023 (“the 2023 Act”) aims to
strengthen and update the legal framework governing charities in Scotland. The 2023 Act
makes significant changes to the Charities and Trustee Investment (Scotland) Act 2005,
focusing on improving transparency, accountability and the powers of OSCR, the Scottish
Charity Regulator. 
The 2023 Act is designed to aid in the efficiency of OSCR’s operations and enhance public
confidence in the charity sector. The 2023 Act modernises charity law within Scotland
aligning it with the changes in place in the rest of the UK. 
Key changes introduced by the 2023 Act include: 
1.  Notification of trustee details to OSCR; 
2.  Publication by OSCR of the first and last names of charity trustees;
3.  Publication of all charity accounts;
4.  Expansion of the qualifying criteria for the automatic disqualification of charity
trustees. 
This report provides Trustees with a summary of the key changes to charity law which have
been brought into effect by the 2023 Act. 
Recommendations
It is recommended that the Trustees note the key changes to charity law brought into
effect by the Charities (Regulation and Administration) (Scotland) Act 2023. 
Item 5
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1. Background 
The Charities and Trustee Investment (Scotland) Act 2005 
1.1  The Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) sets out
the legal framework for all charities in Scotland. It explains what it means to be a
charity, what is expected of charity trustees, and how OSCR, the Scottish Charity
Regulator, oversees the sector. 
1.2  The 2005 Act established OSCR (the Office of the Scottish Charity Regulator) as the
independent regulator for charities in Scotland. 
1.2.1 OSCR’s main role is to:
• Maintain a public register of charities
• Monitor and regulate charities’ activities
• Provide guidance and promote good practice
• Take action where there is misconduct or risk of harm
1.3  The 2005 Act establishes the duties of charity trustees. 
1.3.1 General duties of trustees include:
• Acting in the interests of the charity; 
• acting with care and diligence; 
• ensuring the charity operates in line with its purpose; and managing conflicts of
interest. 
1.3.2 Specific duties of trustees include: 
• ensuring the provision of accurate information to OSCR: 
• keeping of proper financial records and the preparation of annual accounts; 
• submission of annual report and accounts to OSCR;
1.4  The 2005 Act sets out the powers available to OSCR. 
1.4.1 OSCR can:
• Make inquiries into a charity’s operations;
• Issue directions;
• Suspend trustees;
The Plan for North Lanarkshire
Priority  Improve economic opportunities and outcomes
Ambition statement (6) Raise attainment and skills for learning, life, and work to
enhance opportunities and choices
Programme of Work All Programmes of Work
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• Appoint interim trustees;
• Remove charities from the Scottish Charity Register.
1.5. The 2005 Act remains as a central piece of legislation in the regulation of charities in
Scotland however, the 2023 Act introduced amendments to the 2005 Act, with
changes first taking effect in April 2024 and the final changes being brought into effect
on 9 March 2026. 
2. Report
The Charities (Regulation and Administration) (Scotland) Act 2023
2.1 The Charities (Regulation and Administration) (Scotland) Act 2023 (“the 2023 Act”)
makes significant changes to the Charities and Trustee Investment (Scotland) Act
2005 (“the 2005 Act”). The 2023 Act focuses on improving transparency,
accountability and the powers of OSCR. It aims to strengthen and update the legal
framework governing charities in Scotland.   
2.2 The 2023 Act has been brought into effect in phases, with changes taking effect from
1 April 2024, October 2024, and June 2025. The most recent, and final, changes came
into effect on 9 March 2026. 
Key changes introduced by the 2023 Act
2.3 The 2023 Act has introduced changes in phases with the final phases recently taking
effect on the 9th of March 2026. Key changes resulting from the 2023 Act are as
follows: 
2.4 Information about charity trustees 
The 2005 Act required that the Scottish Charity Register contain the principal office of
the charity or in the case where the charity does not have a principal office, it would
require the name and address of one of its trustees. The 2023 Act updates this,
requiring the inclusion of the names of all the charity’s trustees. From 9 March 2026,
OSCR is required to publish the first and last name of each charity’s trustees on the
Scottish Charity Register. 
2.4.1 Only the first and last name of each trustee will be published on the Scottish Charity
Register from 9 March 2026. Individual trustees will be able to apply to OSCR to
request that their name is not published. OSCR will grant an exemption to a small
number of individuals who are able to prove that publication of their name is likely to
affect the safety or security of any person or premises. OSCR will issue further details
on the application process. 
2.4.2 From 30 June 2025, charities are required to submit additional information about
trustees through the managing charity trustees section of OSCR Online. The following
details are required for each charity trustee. This information is for the use of OSCR
only, and, other than first and last name, will not be published by OSCR: 
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• Name 
• Home address
• Email address
• Telephone number
• Date of birth
• Date of appointment as a charity trustee 
OSCR advises that these details will be kept securely and used by OSCR to help
them regulate charities more effectively and for contacting trustees where needed. 
2.5 Publication of all charity accounts 
Charities in Scotland were already under a legal obligation to provide annual
accounts, a trustees’ annual report, and an external scrutiny report. Previously, OSCR
would only publish the accounts for charities with an annual income over £25,000 or
Scottish Charitable Incorporated Organisation (SCIO). From the 9th of March 2026,
the 2023 Act changes this and OSCR will publish accounts for all charities. 
2.5.1 OSCR will publish the accounts as submitted, they will not be removing person
information prior to publication. Charities are therefore advised to consider the
information included in their accounts when drafting, such as names and pictures.
They should also consider adding digital or typed signature rather than handwritten
signatures.   
2.5.2 OSCR recommends that all charities should:
• consider what information should be included in accounts, in particular,
consideration should be given to the appropriateness of inclusion of the names
and images of other volunteers or beneficiaries. Some personal data is required
by the legislation, such as the names of charity trustees (unless an exemption
has been granted by OSCR).
• make sure accounts can easily be displayed online, with a PDF document being
the preferred option.
• consider adding digital or typed signatures, rather than handwritten.
• make sure that submitted information is accurate and on time.
2.6 Removal of charities that fail to submit accounts and to respond to OSCR 
This update provides OSCR with a new power to remove any charity from the Scottish
Charity Register where it has failed to submit a copy of its accounts within 9 months
of the financial year end and where that charity has not engaged in communications
with OSCR in respect of this failure. 
2.7 Automatic Disqualification of Charity Trustees 
2.7.1 The 2023 Act has increased the criteria for qualification for the automatic
disqualification of charity trustees. Disqualification as a charity trustee also now
extends to a disqualification from holding an office or employment with senior
management functions in the charity. 
2.7.2 The previous criteria for qualification was: 
• A conviction or offence involving dishonesty 
• An offence under the Charities and Trustee Investment (Scotland) Act 2005
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• Having an undischarged bankruptcy or protected trust deed
• Have been removed as trustee under either Scottish or UK law 
2.7.3 From 31 August 2025, the criteria for disqualification includes: 
• Convictions of offences under s.1,2,6&7 of the Bribery Act 2010;
• Money laundering offences under the Proceeds of Crime Act 2002;
• An offence perverting the course of justice; 
• An offence under s.13 or 19 of the Terrorism Act 2000, or under Sections 41 or
42 of the Counter Terrorism Act 2008; 
• An offence of wilful neglect of duty by a public official;
• Disobedience with an order of court;
• Sexual offences. 
2.7.4 The 2023 Act provides that the qualifications for disqualification are not limited to
charity trustees, they are now extended to include any individual undertaking work of
a senior nature and volunteers undertaking a senior management function for a
charity. 
2.7.5 Individual trustees are responsible for ensuring that they do not meet any of the
criteria for automatic disqualification. Charities should assess who is undertaking a
senior management function and confirm that they do not the meet the criteria. 
2.7.6 From 1 October 2024, OSCR has provided a publicly searchable record of individuals
who have been permanently disqualified by the Courts from being a charity trustee
so that charities can carry out due diligence on prospective new trustees. 
2.7.7  OSCR recommends that all charities should:
• Determine who within the charity is undertaking a senior management function.
• Confirm with trustees and those undertaking a senior management function that
they do not meet any of the criteria for automatic disqualification. 
2.8  Increased Inquiry Powers 
OSCR now has the power to investigate former charities and their trustees.
Previously OSCR only had the power to investigate existing charities. 
2.9    Introduction of OSCR ability to issue positive direction 
OSCR is now able to direct a charity that they must do something such as removing
a charity trustee or appointing an additional trustee. Previously OSCR could issue a
negative direction following an inquiry. This strengthens OSCR investigation and
enforcement powers. 
2.10 Power to appoint interim trustees 
The 2023 Act gives OSCR the power to appoint interim trustees to a charity.
Previously OSCR only had the power to appoint when requested by the charity. 
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2.11 Notice to OSCR 
OSCR no longer require 42 days’ notice of changes, such as changes to charity
names. 
2.12 Provision of documents 
A person requesting a copy of a document is now entitled to receive it within 28 days
of the date the request is received by the charity   
3. Measures of success 
3.1 Trustees are aware of the changes to charity law made by the Charities (Regulation
and Administration) (Scotland) Act 2023 and have effective arrangements in place
to ensure compliance with the new requirements. 
4. Supporting documentation 
None 
Fiona Ekinli
Legal Manager (Governance and Information), North Lanarkshire Council 
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5. Impacts 
5.1 Public Sector Equality Duty and Fairer Scotland Duty 
Does the report contain information that has an impact as a result of the Public
Sector Equality Duty and/or Fairer Scotland Duty? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
If Yes, has an assessment been carried out and published on the council’s
website? https://www.northlanarkshire.gov.uk/your-community/equalities/equality-
and-fairer-scotland-duty-impact-assessments 
Yes ☐ No ☐
5.2 Financial impact 
Does the report contain any financial impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant financial impacts been discussed and agreed with
Finance? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.3 HR policy impact 
Does the report contain any HR policy or procedure impacts? 
Yes ☐ No ☒ 
If Yes, have all relevant HR impacts been discussed and agreed with People
Resources? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.4 Legal impact 
Does the report contain any legal impacts (such as general legal matters, statutory
considerations (including employment law considerations), or new legislation)? 
Yes ☒ No ☐ 
If Yes, have all relevant legal impacts been discussed and agreed with Legal and
Democratic? 
Yes ☐ No ☐ 
If Yes, please provide a brief summary of the impact? 
5.5 Data protection impact 
Does the report / project / practice contain or involve the processing of personal
data?   
Yes ☐ No ☒ 
If Yes, is the processing of this personal data likely to result in a high risk to the
data subject? 
Yes ☐ No ☐ 
If Yes, has a Data Protection Impact Assessment (DPIA) been carried out and e-
mailed to dataprotection@northlan.gov.uk 
Yes ☐ No ☐
5.6 Technology / Digital impact 
Does the report contain information that has an impact on either technology, digital
transformation, service redesign / business change processes, data management,
or connectivity / broadband / Wi-Fi? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact?
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Where the impact identifies a requirement for significant technology change, has
an assessment been carried out (or is scheduled to be carried out) by the
Enterprise Architecture Governance Group (EAGG)? 
Yes ☐ No ☐
5.7 Environmental / Carbon impact 
Does the report / project / practice contain information that has an impact on any
environmental or carbon matters? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.8 Communications impact 
Does the report contain any information that has an impact on the council’s
communications activities? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact? 
5.9 Risk impact 
Is there a risk impact? 
Yes ☒ No ☐ 
If Yes, please provide a brief summary of the key risks and potential impacts,
highlighting where the risk(s) are assessed and recorded (e.g. Corporate or
Service or Project Risk Registers), and how they are managed? 
The new legislation and requirements should not increase the existing level of risk
or impact of non-compliance with charity law. The Trustees should be aware of the
changes to the legislation and take appropriate steps to ensure compliance with any
additional and/or new requirements. The Trust’s Risk Register should be reviewed,
and updated where required, to ensure that the risk and impact of non-compliance
with charity law is managed effectively. 
5.10 Armed Forces Covenant Duty 
Does the report require to take due regard of the Armed Forces Covenant Duty (i.e.
does it relate to healthcare, housing, or education services for in-Service or ex-
Service personnel, or their families, or widow(er)s)? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the provision which has been made to
ensure there has been appropriate consideration of the particular needs of the
Armed Forces community to make sure that they do not face disadvantage
compared to other citizens in the provision of public services. 
5.11 Children’s rights and wellbeing impact 
Does the report contain any information regarding any council activity, service
delivery, policy, or plan that has an impact on children and young people up to the
age of 18, or on a specific group of these? 
Yes ☐ No ☒ 
If Yes, please provide a brief summary of the impact and the provision that has
been made to ensure there has been appropriate consideration of the relevant
Articles from the United Nations Convention on the Rights of the Child (UNCRC). 
If Yes, has a Children’s Rights and Wellbeing Impact Assessment (CRWIA) been
carried out? 
Yes ☐ No ☐ 
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