BWB Briefing for Charities and Social Enterprise

At a glance

The Social Mobility and Child Poverty Commission has published its second annual State of the Nation 2014 Report.

The Care Quality Commission has published its fifth annual report on the state of health and care services in England.

HMRC has published a technical consultation on proposed changes to the current Community Amateur Sport Club scheme regulations.

The government is consulting on new public procurement powers in the Small Business, Enterprise and Employment Bill.

The Office of the Scottish Charity Regulator has published Frequently Asked Questions on how to meet legal requirements when campaigning.


Charity Commission

The Charity Commission has published reports of its Operational compliance cases involving the charities:

  • World Christian Ministries. In July 2014 the charity made a serious incident report to the commission. The report included details of an identity fraud committed against a partner organisation in Uganda, which resulted in the loss of around £30,000 to the charity. The report sets out the steps the charity took as a result, all of which the Commission were satisfied with.
  • Society Network Foundation Issues included:
    • Payments made by the charity’s trading subsidiary to a trustee of the charity.
    • Use by the trustees of restricted monies paid under a grant from the Cabinet Office for unrestricted purposes. The Commission slightly sits on the fence saying it cannot determine whether the Cabinet Office did, as the charity alleges, consent to use of the funds for unrestricted purposes. But the Commission says “However, we are critical of the trustees for proceeding to spend the grant funds on general purposes based on a verbal discussion, without obtaining written confirmation that the terms of the grant had been varied. “

Together with OSCR, the Charity Commission is calling for applications for membership of the new Charities SORP Committee.


Charity Tribunal

Three new appeals have been filed: Yusuf Kenan Oguz, Mohammod Nazinur Rahim and Pamela Kennaugh.


Tax and VAT

See item under Sport below.


General

The Social Mobility and Child Poverty Commission has published its second annual State of the Nation 2014 Report. The report shows that Britain is “on the brink of becoming a permanently divided nation”.


Campaigning

BOND has published this blog on the impact of the Lobbying Act’s first three weeks.

In case it’s useful for comparison/information, the government has published this guidance for civil servants on using social media.

See item under Scotland below.


Social Finance

Social Finance has raised £1.7m loan financing for 4Children, the leading national charity which operates children’s centres and nurseries. £1m has been provided by HSBC bank and a further £700,000 has come from the FSE Group Social Impact Accelerator Fund to fund the growth of 4Children’s activities across the UK.

Philanthropy Impact has published “Case Studies: Social Investment in the UK” showcasing some “notable examples from foundations, charities and financial institutions”. See the final three articles at this page.


 Health and social care

The Care Quality Commission has published its fifth annual report on the state of health and care services in England.

The High Court has held that a local authority did not breach its duties under section 149 of the Equality Act 2010 (the public sector equality duty or PSED) or Article 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life, in taking a decision to close several care homes.


Sport

HMRC has published a technical consultation on proposed changes to the current Community Amateur Sport Club scheme regulations. A copy of the consultation document can be found here.

Ofsted has published a report on the PE and sport premium for primary schools which highlights good practice to maximise effective use of the funding.


Recent consumer law changes

Re the pending Consumer Rights Bill, BIS has announced that it expects the Bill to come into force on 1 October 2015 and accordingly, it plans to provide guidance for businesses by April 2015.


Fundraising

The Home Office has issued revised guidance on licensing, which may be relevant to fundraising events requiring licences for alcohol or entertainment.

Society lotteries - the Lotteries Council, the Institute of Fundraising and the Hospice Lottery Association have submitted a unified response to the recent consultation calling for:

  • An increase in the permissible amount of ticket sales for a single draw from £4 million to £10 million
  • An increase in the annual income cap on any society lottery from £10 million to £100 million
  • An increase in prize values from £25,000 to £100,000 and from 10% of the proceeds to 50%.

The aggregation of the present 20% minimum rule to allow newly created small society lotteries to spread the requirement for draws over an extended period (possibly up to three years), thereby removing barriers to entering the market and reducing the risks associated with setting-up and recruiting players

Reforms to street trading are due to be brought into force from April 2015. They may impact on fundraising which is carried out by selling goods door to door.


Public Procurement

  • The government is consulting on a new power in the Small Business, Enterprise and Employment Bill which would allow the government to introduce a range of measures to make procurement simpler and reduce barriers as the need arises. These measures would be introduced through secondary legislation at a future date and would impose duties on procuring authorities. The consultation seeks views on how a new power could, in particular, be used to require procuring authorities to run an efficient and timely procurement process; make available information, documents or processes free of charge to any potential supplier; and accept electronic invoices. The consultation closes on 13 November.

Scotland

The Office of the Scottish Charity Regulator has published Frequently Asked Questions on how to meet legal requirements when campaigning. The FAQs also contain links to other sources of detailed guidance, such as the Electoral Commission.

OSCR’s latest newsletter includes these facts and figures:

  • 871 of Scotland’s 23,827 charities are cross-border
  • 34% of new status applications are for SCIOs
  • OSCR’s new Inquiries Policy should be available on its website from 3 November.
  • OSCR is carrying out a trustee survey with results to be published in Trustees Week.

Stephen Lloyd's Memorial Service

This will take place on Wednesday 21 January 2015 at 11.00am at St Martin in the Fields, Trafalgar Square. More information will follow in due course, but we wanted to let you know the date, time and venue as soon as possible. All are very welcome to attend and there is no need to RSVP. 


Posted on 22/10/2014 in Legal Updates

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