Rationale
Scottish Governing Bodies (SGBs) are expected to comply with all legal requirements, which are fundamental to the running of the SGB and its operations. While the SGB Governance Framework does not cover all requirements in detail, it should be noted that some areas addressed by the Framework may also be subject to specific legal requirements.
What does being legally compliant look like?
The organisation must be an independent, not-for-profit legal entity – the organisation must evidence that it is:
an established incorporated legal entity (such as a company limited by guarantee) or (if an unincorporated entity) a registered charity in the relevant jurisdiction, and
not-for-profit, as explicitly stated in its constitution or incorporation documentation; and
a self-determining organisation (not owned or significantly controlled by any third party);
The SGB will meet all appropriate legal requirements as set out in UK and/or Scottish legislation and all regulatory obligations it is under. Its governing documents will be appropriate, up to date and fit for purpose.The governance structure will provide appropriate protection for the organisation and its members.
SGBs will comply with sporting regulatory requirements such as anti-doping and sporting integrity, and have in place clear complaints, grievance and disciplinary policies for employees, athletes, participants and members.
How will we know we’ve achieved legal compliance?
Registration with Companies House/Charity Commission/Office of the Scottish Charity Regulator and regular filings as required by law (appropriate to the legal form the SGB takes) are completed in a full, accurate and timely manner
Ongoing compliance with all applicable legal and regulatory obligations, including but not limited to those covering:
Company Law
Charity Law
Health and Safety Legislation
Standards and tool for Child Wellbeing and Protection in Sport | Children First
Data Protection and Cybersecurity
Equality Legislation
Employment Legislation
Finance and Tax
Whistleblowing
Bribery and Anti-corruption
Modern Slavery
An appropriate human resource management framework is in place
Necessary insurance cover is held for the planned activities of the SGB