The SFHA Model Rules 2020 and Supporting Guidance are available to all SFHA members (see the downloads section below). They were developed following a comprehensive review process – which involved consultation with members, the Scottish Housing Regulator (SHR), the Office of the Scottish Charity Regulator (OSCR) and the Financial Conduct Authority (FCA). SFHA commissioned TC Young to draft the necessary revisions to the previous (2015) version – with the model officially registered with the FCA.
The documents can also be made available to RSLs who are not members of SFHA for a fee of £500.
This model has been approved as meeting the SHR’s constitutional requirements - which must be met in order to declare compliance with regulatory standards. It is therefore the recommended model to use for RSLs seeking to make constitutional changes. Furthermore, the FCA may not approve rules based on any earlier SFHA models/not based on the 2020 SFHA model, so it is recommended that RSLs adopt rules based on the 2020 model at the next available opportunity (it is anticipated that most will do so at their next AGM).
A tracked changes document, detailing all of the changes as compared to the previous model - the SFHA Model Rules 2013 (as Amended 2015) – is also available in the downloads section below.
The Supporting Guidance to the Model Rules 2020 combines all SFHA guidance on the Rules in one place. It includes a table offering guidance on specific clauses within the rules, and space for SFHA to add more guidance as and when queries arise. It also includes a comprehensive guide to making rule amendments, incorporating the new online process adopted by the FCA and the revisions to the SHR requirements – i.e. the SHR now require to be notified once the rules are adopted rather than giving prior consent. This should mean a much more streamlined process for adopting any rule amendments.
The document also provides suggested clauses and guidance to different types of organisation – such as fully mutual co-operatives, community based organisations and non-charitable organisations. Further optional amendments are offered for organisations who are seeking to make amendments:
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to allow appointed committee members;
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regarding employees as committee members;
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regarding committee members who are related; or
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regarding payment of committee members.
Finally, the document includes worked examples of electing committee members; rejecting a nomination; and appointing office bearers.
Please note, that whilst SFHA can provide some advice to SFHA members making rule amendments, you should always seek proper legal advice when making constitutional changes. If you have any queries about the new model or the supporting guidance, please contact Alan Stokes astokes@sfha.co.uk.
SFHA Charitable Model Rules (Scotland) 2020 and Supporting Guidance are only to be used by SFHA members. Reproduction or amendment of the whole or any part of these Rules by any person who is not an SFHA member is strictly prohibited without the prior consent of SFHA (and SFHA will charge a fixed fee of £500 in relation to this).