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Constitutional Changes: Application Form and Advice Note

We have simplified the approval process for RSL constitutional changes by producing an application form that RSLs should complete when applying to the SHR for in principle approval for any constitutional changes. We have also produced a supplementary advice note on completing the application form. This will streamline the process and help RSLs plan and consider constitutional changes.

Our statutory guidance on constitutional change (SHR 04) sets out the overall process RSLs should follow when making constitutional changes. The application form and supplementary advice note focus on the in principle approval stage of this process. It is the responsibility of the RSL’s governing body to satisfy itself that any proposed constitutional changes are in the best interests of the RSL and are in line with legal and regulatory requirements. And we need to be confident that the governing body has properly considered all proposed constitutional changes, before applying to us for in principle consent.

We expect RSLs to ensure our requirements are reflected in the RSL’s own constitutional change processes and to consider our guidance note, SHR 04, and the supplementary advice note when completing the application form.

The Scottish Federation of Housing Associations (SFHA) has produced a set of Charitable Model Rules (2009) which we have endorsed. The Model Rules and supporting guidance are available from the SFHA and SFHA members can also discuss any proposed constitutional changes with the SFHA.

Links to the application form and supplementary advice note can be found here:

SHR 04 Appendix 1. Application Form (word version)
SHR 04 Appendix 1. Application Form (PDF version)
SHR 04 Appendix 2. Supplementary Advice Note