Charities and not-for-profit in Scotland

Anderson Strathern

Anderson Strathern's team advises domestic and international charity and non-profit clients hailing from the arts, education, and religious sectors, amongst others. Its workload includes advising on complex compliance and regulatory issues, and governance and structuring work, in addition to advising on community renewables projects. The practice is led by a team of three: charity regulation, compliance and governance expert Gillian Harkness-McKinlay, Victoria Simpson, who boasts over two decades of experience in charity law, and Audrey Cameron who focuses on public sector charities-related work. Key practitioner Caterina Capaldi specialises in advising third sector clients in particular.

Responsables de la pratique:

Gillian Harkness-McKinlay; Victoria Simpson; Audrey Cameron


Autres avocats clés:

Caterina Capaldi


Les références

‘Victoria Simpson has demonstrated her vastly impressive knowledge of and expertise in Scottish charity law, by carrying out our mandate conscientiously, thoroughly and with clear command of this area – in addition to good humour and good will. Where appropriate, she has consulted with colleagues in corporate and real estate law in order to further substantiate the counsel we have received.’

‘The team at AS are consistent. They are approachable and professional. I have found that they break down the issues into manageable elements and walk you through each item. If they don’t know the answer then they have the backing of a large practice which means you get a quick answer to your issue.’

‘I have worked with Audrey Cameron for several years now. She has a breadth of knowledge, understands the sector we work in and is able to provide a wide insight into the challenges we face and how to proactively address them.’

Principaux clients

National Trust for Scotland


University of The Highlands and Islands


Deaf Action


University of Strathclyde


Ayrshire College


Ronald McDonald House Glasgow (now known as “Crossbasket House”)


Scottish Book Trust


National Library of Scotland


Argyll, Lomond and the Islands Energy Agency (ALI Energy)


Sustrans


Botanics Foundation


East Lothian Housing Association


Edinburgh Napier University


Glasgow Caledonian University


New College Lanarkshire


UHI North, West and Hebrides


Pastoral Care Foundation


RSAIB


Sandbank Community Development Trust


Self-Directed Support Scotland


Scotland’s Rural College


Live Borders


The Unicorn Preservation Society


Principaux dossiers


  • Advised The National Trust for Scotland in respect of its acquisition of the assets and operations of the Willow Tea Rooms Trust SCIO and those of its subsidiary, Mackintosh at The Willow, thereby preserving an iconic Glasgow landmark and a key part of Glasgow’s Charles Rennie Mackintosh heritage.
  • Advised Ronald McDonald House Glasgow (now “Crossbasket House”) on its restructuring as a subsidiary of Glasgow Children’s Hospital Charity.
  • Advising the University of Strathclyde on commercial spin-outs.

Brodies LLP

Charities and third sector expert Kenneth Pinkerton leads the group at Brodies LLP. The team handles complex regulatory, commercial and corporate matters for well-known non-profit organisations, from family foundations to institutional charities and public bodies. Christine O’Neill KC is a specialist in public law and regulatory work; ‘pragmatic’ practitioner Lynne Marr assists with sensitive employment matters; and Martin Sloan is a go-to for instructions related to IP, IT, data protection, cyber issues, and commercial contracts in the charity and third sectors. Brenda Scott handles governance and commercial work, while Rhona Delaney’s practice encompasses legal structures, governance, mergers, and the dissolution of charities.

Responsables de la pratique:

Kenneth Pinkerton


Autres avocats clés:

Christine O’Neill KC; Lynne Marr; Martin Sloan; Brenda Scott; Rhona Delaney


Les références

‘Very approachable and quick to react to requests for advice. Advice is always sensible and pragmatic.’

‘Lynne Marr – pragmatic, quick to respond, approachable. She has the ability to explain things clearly in layman’s terms.’

‘Exceptional knowledge of charity law and governance.’

Principaux clients

Office of the Scottish Charity Regulator (OSCR)


University of Edinburgh


ENABLE Scotland


Scottish Society for the Prevention of Cruelty to Animals (SSPCA)


Royal College of Surgeons


Royal College of Physicians


Edinburgh International Festival


Royal Botanic Gardens Edinburgh


Maggie’s Centres


St Andrews Links Trust


Principaux dossiers


  • Acting as the sole legal adviser to the Scottish Charity Regulator on Petition to the Court of Session to appoint a judicial factor, as well as advising OSCR on the Judicial Factors (Scotland) Bill.
  • Acting for the University of Edinburgh in a large volume of issues including amendments to the constitution of the University’s Development Trust, English law advice surrounding the terms of a legacy, policy matters including free speech and equalities, data protection advice, strategy on commercialisation and investment in student start-ups, as well as advising the University’s Disciplinary Committees.
  • Providing comprehensive advice to Enable, including advice on immigration matters, Scotland’s Redress Scheme, restructuring, pensions and employment advice, health and safety advice and general governance advice.

Lindsays

‘First-class charity lawyer’ Helen Kidd leads the practice at Lindsays, which handles litigious and advisory matters for a variety of Scottish, UK-wide, and international clients. The team harnesses experience handling OSCR matters, compliance and regulatory-related cases, governance and structuring matters, and those regarding charity mergers and expansions. Multiple team members are particularly equipped to handle employment issues for charity clients, with Ben Doherty and Kate Wyatt being particularly key in this area. John Thom’s interests include charitable trusts and philanthropy, while Kenny Gray is noted for his commercial property work. Connor Barnes is also a key name.

Responsables de la pratique:

Helen Kidd


Autres avocats clés:

Ben Doherty; Kate Wyatt; John Thom; Kenny Gray; Connor Barnes


Les références

‘The quality of service and support is exceptional. Timely, practical, pragmatic, and very professional in tone and content. Very attuned to our culture and the demands of the sector.’

‘Kate Wyatt is an exceptional individual, and we are very fortunate to work with her.’

‘It is quite hard to put into words, in terms of the team what is most helpful is that within each skill set/discipline there is a general knowledge and cooperative approach when you require further advice from a different area within the law. It is collaborative but also very easy – the team make it easy.’

Principaux clients

The Brewgooder Foundation


Crossroads Caring Scotland


Glenalmond College


EMMS Nazareth


Cattanach


Scotland’s ART


Verture


Viewpoint Trust


Chartered Institute of Brewers and Distillers


The Stove Network Limited


Principaux dossiers


  • Advised the Brewgooder Foundation on bespoke articles of association and governance policies as the trustees sought to implement new strategic aims and ambitions.
  • Advised Glenalmond College on their merger with Craigclowan School.
  • Advising Scotland’s Art on the acquisition of the historic West Kirk of St Nicholas, Aberdeen.

Burness Paull LLP

Burness Paull LLP‘s practice offers a wide array of commercial, corporate, and OSCR regulatory services to a client list spanning Universities, research institutions, and grassroots charitable organisations. Hazel Moffat heads up the team, key names in which include specialist in public sector charity offshoots and renewables projects Graeme Palmer, and Emma Maxwell who advises on governance, legal structures and transfers of operations. Ruth McNaught focuses on public procurement and advising RSLs, Emma Manson is public law-oriented, and Louise McErlean specialises in data protection.

Responsables de la pratique:

Hazel Moffat


Autres avocats clés:

Graeme Palmer; Emma Maxwell; Ruth McNaught; Emma Manson; Louise McErlean


Les références

‘The team at Burness Paull stand out for their deep expertise in governance matters, responsiveness, and client-focused approach. Their approach is pragmatic and client-centric, ensuring that advice is both legally robust and practically applicable.’

‘The individuals I worked with at Burness Paull demonstrated exceptional knowledge of our charity network, which set them apart from other legal professionals. Their understanding of the unique governance structures, regulatory requirements, and operational challenges faced by us meant that their advice was not only legally sound but also highly relevant and practical.’

‘Standout partners in this firm are Emma Manson and Emma Maxwell.’

Principaux clients

Development Trusts Association Scotland


Scottish Council for Voluntary Organisations


The Health and Social Care Alliance (The Alliance)


Royal Highland & Agricultural Society Of Scotland


The Scottish Association Of Citizens Advice Bureaux


Street Soccer Group


Principaux dossiers


  • Advised The Royal Highland & Agricultural Society Scotland on the incorporation of charitable entity, Farmstrong Scotland, an organisation which aims to bring a mental health awareness to those working within the farming and crofting sector in Scotland.
  • Provided legal advice to Association of Citizens Advice Bureaux in relation to legal documentation for their member bureaux and recommended best practice within the charity legal sector.
  • Advised Street Soccer Scotland on restructuring its corporate group, including streamlining operations and facilitating the transfer of assets from Street Soccer (London) Limited to the newly rebranded Street Soccer Group.

Gillespie Macandrew LLP

Alan Gilfillan heads up the wide-ranging charities and not-for-profits offering at Gillespie Macandrew LLP. Noteworthy team members include Kevin Sturgeon who is a go-to for Community Asset Transfers and routinely acts for registered social landlords, employment specialist Fraser Vandal, and Margaret Day who is a key contact for churches seeking assistance with property acquisitions, disposals, and commercial leasing. Laura Kirkman assists charities with registration, reorganisations and mergers, corporate governance, and contractual matters. Former practice lead Lianne Lodge retired in December 2024.

Responsables de la pratique:

Alan Gilfillan


Autres avocats clés:

Kevin Sturgeon; Fraser Vandal; Margaret Day; Laura Kirkman


Les références

‘Wry, clear communication and professional advice.’

‘Balanced, impartial, and thoughtful advice that is both legally competent but also adds to the wider business and political views.’

‘Thorough, diligent, pro-active and solution-focused.’

Principaux clients

Mount Stuart Trust


Blair Charitable Trust


The Royal British Legion, Poppy Scotland, Lady Haig Poppy Factory


Johnson & Johnson Foundation Scotland


North Berwick Trust


Eliza Haldane Wylie Fund


Incorporation of Goldsmiths of the City of Edinburgh


Kilchoan Melfort Trust


Westhill Community Church


Vine Trust


Harper Macleod LLP

Led by James McMorrow and Derek Hogg, Harper Macleod LLP‘s offering is deeply embedded in the social housing space, advising a large proportion of Scotland’s registered social landlords on a spectrum of commercial, constitutional and regulatory matters. The team also advises grant-giving bodies, charitable trusts, and sports and disabilities charities. Collette Miller is routinely instructed by RSLs, and Jennifer Jack is a key contact for contentious matters.

Responsables de la pratique:

James McMorrow; Derek Hogg


Autres avocats clés:

Collette Miller; Jennifer Jack


Principaux clients

Kilravock Charity Trust


Bowls Scotland


ROHHAD Association


Grampian Housing Association Limited


Blackwood Homes and Care


retailTRUST


Inspiring Scotland


National Autistic Society


Wheatley Housing Group Limited


Caledonia Housing Association Limited


Dumfries and Galloway


Greenpeace International


Greenpeace UK


Greenpeace Netherlands


Glasgow City Council


Culture and Sport Glasgow


Principaux dossiers


  • Acquiring numerous development sites for charitable RSL clients and advising on new-build affordable housing developments.
  • Representing Greenpeace in two separate Judicial Reviews challenging consents by the UK Government to allow Shell and Equinor to produce oil and gas from the Rosebank and Jackdaw and oil gas fields respectively.
  • Acting for Blackwood Homes and Care in the acquisition and sale of a highly adapted and technologically advanced accessible housing project.

Morton Fraser MacRoberts

Morton Fraser MacRoberts‘ group assists sector-spanning clients, including independent educational institutions, RSLs, sports governing bodies, and various charities and social enterprises. The team, led by third sector TMT specialist Valerie Armstrong-Surgenor, advises clients on tax and pensions, commercial agreements, IP and brand management, and more. Robin Fallas is a key contact for public and charity sector organisations, and Adrian Bell focuses on sports and recreational charities. Paul Geoghegan and Melissa Hall are also recommended.

Responsables de la pratique:

Valerie Armstrong-Surgenor


Autres avocats clés:

Robin Fallas; Adrian Bell; Paul Geoghegan; Melissa Hall; Lynsay Cargill; Alison Marr


Les références

‘The practice has a cross-section of teams which are able to provide advice on all matters.’

‘The partner who is our main contact is excellent. They are truly an expert in their field, they are very responsive, and their advice is always comprehensive.’

‘The team at Morton Fraser MacRoberts are incredibly approachable and knowledgeable. The advice note prepared by the team was clear, thorough and had recommendations that were actionable for us as a charity dealing with a complex issue that touched on various different legal disciplines.’

Principaux clients

Who Cares? Scotland


Victim Support Scotland


Scottish Gymnastics


National Trust for Scotland


Historic Environment Scotland


George Heriot’s School


Royal Incorporation of Architects Scotland


Barra and Vatersay Community Company


Community Enterprise Scotland


Peoples Postcode Trusts


Principaux dossiers


  • Providing advice to Victim Support Scotland on an array of work on an ongoing basis, including advice and assistance in negotiating a contract for IT support desk function.
  • Advised Royal Incorporation of Architects in Scotland (RIAS) on a significant structural and governance update, including a full update of its Royal Charter and byelaws.
  • Provided Community Enterprise in Scotland (CEIS) with legal advice and assistance relating to the delivery of two programmes backed by Scottish Ministers: the International Social Enterprise Observatory and a University Social-Enterprise spin out programme.

BTO Solicitors LLP

With a client base spanning private schools, RSLs, and major UK charities, BTO Solicitors LLP‘s team provides broad-ranging advice to the charity and third sector. Michael Cox delivers advice on regulatory and compliance issues, corporate governance, applications to the OSCR, and more, and David Gibson is a key contact for clients seeking advice on property and construction issues. Laura Salmond assists charity and non-profit clients with employment matters. The three co-lead. Former practice head Marion Davis retired in April 2024.

Responsables de la pratique:

Michael Cox; David Gibson; Laura Salmond


Autres avocats clés:

Lynn Richmond


Les références

‘The team are efficient and thorough, and this allows you to have confidence in the advice and support provided.’

‘They will go the extra mile to ensure you are clear on the process being followed. Their advice is clear and informative.’

‘BTO’s charities team are commercially astute and have extensive knowledge and experience of charity regulation and OSCR’s requirements and regulatory roles. This gives us the comfort that any relevant issues are handled fairly but also properly in compliance with our not-for-profit constitutional rules and our charitable requirements.’

Principaux clients

The Richmond Fellowship Scotland


McSence Limited


Flexible Childcare Services Scotland SCIO


Deafblind Scotland


Tigh A’Chomainn Camphill


Bethany Christian Trust


Glasgow Kelvin College


West Lothian College


Royal National Lifeboat Institution


Clic Sargent Cancer Care for Children


The Scottish Cremation Society Limited


Epilepsy Scotland


East Ayrshire Churches Homelessness Action


Principaux dossiers


  • Advised a housing association on the implications of a distressed construction project where the design and build contractor ultimately became insolvent.
  • Advised Royal National Lifeboat Institution on maintaining and renewing its extensive real estate portfolio and associated issues.
  • Advised CLIC Sargent Cancer Care in connection with bequests of property interests and the related transfers and subsequent disposals.