The SFHA Charitable Model Rules (Scotland) 2013 (as amended 2015) (see downloads section below) have been produced in conjunction with our membership, and approved by the Scottish Housing Regulator, the Office of the Scottish Charity Regulator and the Financial Conduct Authority.
This is the most up-to-date model available, and as such is the recommended model to use if you are looking to make constitutional changes. The FCA may not approve rules based on any earlier SFHA models/not based on SFHA model, so it is recommended that even if you are making minor changes to your rules that you take the opportunity to update to the most recent version.
The SFHA's Guide to Making Rule Amendments (see downloads section below) outlines all of the necessary steps you will need to take if you are amending your rules, and contains links to all of the relevant documents.
The SFHA also provides a range of other guides explaining how to adapt the SFHA Charitable Model to fit your organisation's needs if it is:
- Non Charitable
- Community Based
- A Fully Mutual Co-operative
- A Model Co-operative
Further guides are also available containing optional amendments approved by the SHR, and possible amendments that subsidiary organisations may wish to apply. These are all available in the downloads secton below.
SFHA is available to provide advice as you are making rule amendments, but you should always seek proper legal advice when making any constitutional changes.
The Housing (Scotland) Amendment Bill will see changes to the SHR's powers, including the removal of the requirement for SHR consent. This is unlikely to be enacted until Autumn 2018, and as such consent will be required in the usual way until then. We will amend our Guide to Making Rule Amendments (below) as required once these changes come into effect.