Charities (Scotland) and Social Housing (Scotland)

BTO Solicitors LLP (2002-present); trainee and then solicitor, Aberdeen City Council (1997-2001).

Work highlights:

Assisting to set up a new national charity to address an unmet need for training and specialist knowledge within the medical profession and services in Scotland: the Scottish Extracorporeal Resuscitation Network. Advising a charity on issues arising with regard to an ongoing investigation by the Charity regulator, OSCR, regarding actions of former trustees as well as possible impacts from this investigation on the current activities of the charity. Advising a charity on the process for a potential merger, identifying areas of risk and areas for further consideration by the client, as well as their approach to their potential merger partner. Providing robust charity advice to an English law firm in regards to Scottish charity law matters.

Law Society of Scotland

Senior Associate

Experienced in charity and public law matters, Marion is one of the few solicitors accredited by The Law Society of Scotland as a specialist in charity law.  She provides corporate, governance and business advice in relation to charities, social housing, regeneration, local authority and regulatory matters, including regulatory intervention.

Many clients seek Marion’s advice on: becoming a charity; SCIOs and other constitutions for charities; non-charitable trading; proposed activities for charities and subsidiaries; contracts; policies; regulatory and governance issues. She also advises charities and trustees on applications for reorganisation under the Charities legislation or change of legal form, which are often complex and can involve more than one charity. For example, assisting a large unincorporated association to transfer into a company where, as well as charity regulatory requirements, there are specific requirements to meet in order to manage historic pension liabilities.

Charities and other organisations working in highly regulated spheres seek Marion’s opinion on matters within the governance and regulatory areas in which she specialises. Marion also regularly provides training on charity law and good governance for clients and others, including the Legal Services Agency. Having completed a secondment with the charity regulator earlier in her career, Marion has particular insight into the Scottish charity regulation.

Aberdeen University – MA (Hons), Mathematics and Philosophy (1991); Glasgow University – LLB (1996); Glasgow University – Diploma in Legal Practice (1997)