BWB Briefing for Charities and Social Enterprise

This briefing covers the period from Monday 27 April to Friday 8 May.

The BWB/DSC Charity Law Conference is taking place tomorrow, 14 May. There are still places available if you would like to attend, please click here to book.

At a glance

NCVO has published a discussion paper on “Charity Commission Independence”

Lord Hodgson’s Review of Third Party Campaigning has issued three surveys to obtain evidence about how third parties operate during elections.

Initial data from Social Enterprise UK’s State of Social Enterprise Survey 2015 shows a diverse sector exceeding expectations in both growth and impact.

Big Society Capital has published this blog “What motivates corporates to do social impact investing?”

Clinks and NCVO have announced a new project to track the voluntary sector's involvement in Transforming Rehabilitation.

The Lotteries Council has launched the society lottery sector’s first-ever benchmarking survey to promote best practice among its member organisations.


Charity Commission

Has published the latest edition of “Charity Commission News”. It includes top tips for finding things on the new .gov.uk website.

NCVO has published a discussion paper on “Charity Commission Independence”.


Tax and VAT

HMRC has published this guidance about its non-statutory clearance service.


Campaigning

Lord Hodgson’s Review of Third Party Campaigning has issued 3 surveys to obtain evidence about how third parties operate during elections. Each survey takes no more than 5 to 10 minutes and will close on 7 June 2015.

Civil Society Media reports the Charity Commission is examining claims that members of the Plymouth Brethren Christian Church provided campaigning and leafleting support for Conservative candidates and held prayer services for a Conservative victory at the general election.


Social enterprise

Initial data from Social Enterprise UK’s State of Social Enterprise Survey 2015 shows a diverse sector exceeding expectations in both growth and impact.

The Power to Change, an independent charitable trust endowed with £150 million from the Big Lottery Fund to support community businesses across England, is seeking Expression of Interest from organisations, including community businesses, which can play a leading role in delivering two new strategic programmes that start in autumn 2015. The closing date for expressions of interest is 31 May 2015.


Social investment 

In this blog, Chris Wright, chief executive of Catch22, looks at how social investment can transform public services.

Civil Society Media reports the Church of England has withdrawn £12m of fossil fuel investments as part of efforts to protect "the world's poor who are most vulnerable to climate change". BWB's Luke Fletcher has been quoted in this Guardian article on investment in fossil fuels:

“What is suitable should also be seen in light of the objects of the charity – an investment is absolutely not suitable if it conflicts with the objects. Finally, the reputation of a charity is one of its most critical assets. ‘Business as usual’ is increasingly seen as unacceptable and a charity that continues to invest in carbon-intensive assets might find that, as science and public opinion changes, it risks seeing its reputation become a stranded asset.”


Social impact

Big Society Capital has published this blog “What motivates corporates to do social impact investing?”


Health and social care

Skills for Care and the Social Care Institute for Excellence have developed “Care Improvement Works”, an online tool which pulls together all of the available resources that are useful for care providers, as well as pointing to related resources from the Think Local Act Personal partnership and the National Institute for Health and Care Excellence.


Education

See here for the latest newsletter from the Independent Academies Association.


Faith based organisations

Following the recent Court of Appeal judgment in Sharpe -v- The Bishop of Worcester, BWB’s Lucy McLynn has written this article “Doing God's work - a clergyman without a contract is not a 'worker'."


Rehabilitation of offenders

Clinks and NCVO have announced a new project to track the voluntary sector's involvement in Transforming Rehabilitation. Over the next year they plan to survey the voluntary sector three times, with an initial survey launched already.


Information

An ongoing case in the Court of Justice of the European Union has potential implications for charities which transfer data to the USA. The case relates to Facebook and the adequacy of the “Safe Harbor” scheme, which until now the European Commission has said provides adequate protection in relation to data transfers to the US. If the outcome of the case challenges the EC stance on the adequacy of “Safe Harbor”, this has the potential to affect many charities and social enterprises which transfer data to the USA including where they have data processed by contractors (such as web hosting service providers) or by their sub-contractors based outside the UK. For more speak to BWB’s Lawrie Simanowitz.


Fundraising

Lotteries - Civil Society Media reports the Lotteries Council has launched the society lottery sector’s first-ever benchmarking survey to promote best practice among its member organisations.

The Centre for Charitable Giving and Philanthropy has published “Key facts and figures on giving, income and assets in the top 300 UK charitable foundations”.

See here for a very interesting new academic initiative on philanthropy and social entrepreneurship.


Advertising

The Advertising Standards Authority has:

  • upheld 4 out of 22 complaints about three ads for the organisation, Medical Aid for Palestinians.
  • upheld a complaint about a Greenpeace anti-fracking advert.

The Committee of Advertising Practice (CAP) has published amendments to some of its rules on sales promotions. These changes ensure that the rules remain consistent with the Unfair Commercial Practices Directive (UCPD) and Consumer Protection from Unfair Trading Regulations (CPRs), which implement that Directive in UK law. The amended rules provide (among other things) clarification from CAP on the distinction between what is a "gift" and what is a "prize" as these terms are used in sales promotion communications (rule 8.19). They also require promoters to avoid setting sales promotions rules that are too complex to be understood (rule 8.23). These amended rules will come into force on 1 May 2015.


Northern Ireland

A review of the entertainment licensing regime in Northern Ireland has been announced.


Events

The committee of the Stephen Lloyd Awards has organised a musical evening of Songs on a Summer’s Night at the Athenaeum Club on Monday 13 July. The evening will celebrate the memory of Stephen, while raising money for the awards scheme. The Stephen Lloyd Awards will commemorate Stephen by supporting early-stage projects which have real potential to make a better world, by giving them money and pro-bono professional advice. Please click here to view your invitation to the event. If you’d like to attend, please visit the donation page and also email info@stephenlloydawards.org with the names of everyone who will be attending.


Posted on 13/05/2015 in Legal Updates

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