BWB Briefing for Charities and Social Enterprises

BWB Highlights

Alastair Graham, Director of Golden Lane Housing has written this blog about the first charity bond listed on the London Stock Exchange. BWB’s Simon Steeden and Pippa Garland advised Golden Lane Housing throughout the process.

Save the date: BWB’s Annual Charity and Social Enterprise Tea Party will take place on Wednesday 23rd Sept. Details to follow shortly


At a glance

The Charity Commission has published the results of a survey about trust and confidence in the Charity Commission.

Further changes have been announced to the self-regulatory regime for fundraising, including recruiting three independent lay members to join the Standards Committee which sets the Code of Fundraising Practice.

The Cabinet Office has launched a £20 million Local Sustainability Fund.

The City of London has published a report on “Developing a global financial centre for social impact investment”.

The Financial Conduct Authority has issued a consultation on its guidance for co-operative and community benefit societies.

HMRC has updated its guidance for Community Amateur Sports Clubs.

The Charity Commission for Northern Ireland has published new equalities guidance for charities operating in Northern Ireland.


Charity Commission

Has published the results of a survey about trust and confidence in the Charity Commission. In its covering press release, the Commission says the results show the public and charities overwhelmingly support new powers for the Charity Commission to regulate charities.


Charity Tribunal

A new appeal has been filed by Geraldine Pearce. Details of what this is about are not available yet.


Tax and VAT

The Exchequer Secretary, Damian Hinds, has pledged to work closely with the charity sector to make the tax system for charities work as fairly and effectively as possible. See here for his speech to the Charity Tax Group last week.


General

See here for the speech given last week by the Minister for Civil Society, Rob Wilson, about building a stronger civil society

The Cabinet Office has launched a £20 million Local Sustainability Fund which it says will help around 250 voluntary organisations to secure their futures

New Philanthropy Capital has published "Systems Change - a guide to what it is and how to do it"


Business rates reform

Charity Finance Group, alongside NCVO, Institute of Fundraising and Charity Tax Group has called on the government to improve the operation of business rates and increase the mandatory rate relief to 100%. CFG has outlined how this would make the £1.6bn relief simpler, more efficient and fairer for charities.


Social investment

See here for a blog about the first charity bond listed on the London Stock Exchange. BWB’s Simon Steeden and Pippa Garland advised Golden Lane Housing throughout the process, culminating in the extremely successful £11 million bond launch, which sold out in just eight days

This report from the City of London should make interesting reading “Developing a global financial centre for social impact investment”


Community benefit societies

The Financial Conduct Authority has issued a further consultation on its guidance for co-operative and community benefit societies. This will close on 14 August (8 weeks).

It focuses on three areas in detail:
i) the definition of a co-op;
ii) the interest rates that societies pay shareholders; and
iii) aligning the FCA names policy more closely with Companies House.


Children's services

The Prime Minister has announced a new Child Protection Taskforce to “drive forward fundamental reforms to protect the most vulnerable children in our society and give them the opportunity to succeed.”

Also see item under Safeguarding.


Education

Schools:
See here for a speech by Nicky Morgan, Education Secretary, about the importance of good governance in schools.

Sport in schools - See here for recently launched guidelines for managing concussion in education settings.


Environment

Communities Secretary, Greg Clark, has announced local residents must have the final say over whether onshore wind farm applications get the go-ahead in their area.


Health and social care

Transfers of services back to the NHS - The Department of Health has issued a short guide to the process that should be followed to ensure that appropriate bulk transfer arrangements are in place where an NHS organisation is re-tendering for the provision of services that will involve a transfer of staff back into the NHS pension scheme (NHSPS) in accordance with Fair Deal 2013.

Also see item under Safeguarding.


Sport

HMRC has updated its guidance for Community Amateur Sports Clubs.

Also see item under Education above.


Fundraising


Further changes to the self-regulatory regime for fundraising announced last week include:

The announcement the Institute of Fundraising will recruit three independent lay members to join the Standards Committee which sets the Code of Fundraising Practice. The lay members will join the yet to be recruited independent Chair of the Committee. For a blog/comment from Sir Stuart Etherington see here.

The introduction into the Code of Fundraising Practice of a new standard making it clear that door to door fundraisers must not knock on doors with a ‘no cold calling’ sticker.

The announcement of plans for new guidance on managing and governing fundraising which will be produced by a group of representatives from the National Council for Voluntary Organisations (NCVO), the Association of Chief Executives of Voluntary Organisations (ACEVO), the Institute of Fundraising, and Charity Finance Group. It will have input from the Charity Commission and is intended to complement the Charity Commission’s guidance, CC20 – Charities and fundraising

Civil Society Media reports the Minister for Civil Society, Rob Wilson, as saying the fundraising bodies “still need to do more” to convince the government and the public that self-regulation works.

Meanwhile, the BBC show, The One Show, has published an “opt out” letter for donors to send to charities. Over 30,000 have been downloaded so far.

Nuisance calls - The Information Commissioner’s Office (ICO) has raided a business believed to be behind millions of nuisance calls. ICO staff searched a south Manchester call centre and related office they believed contained an automatic dialler suspected of making 100,000 calls a day. The law on making automated calls playing recorded messages is stricter than on other marketing calls. Organisations can only make automated marketing calls to people who have specifically consented to receiving automated calls from that organisation.


Information

On 15 June 2015, the EU's Justice and Home Affairs Council (JHA) agreed a general approach to the proposed Data Protection Regulation adopted by the European Commission in January 2012 by majority vote. The text agreed by the Council differs markedly from that adopted by the European Parliament in its first reading in March 2014. Among other things, the institutions disagree about the extent to which member states should have the right to supplement the Regulation through national laws, the definition of consent, the level of fines that can be imposed on data controllers for data protection breaches and the establishment of a one-stop-shop for data protection enforcement.


Safeguarding

The Care Quality Commission has updated its information on safeguarding children and adults in England.


Scotland

In the latest part of a group review of fee-charging schools in Scotland, OSCR has confirmed the charity status of the independent school, Fernhill School.


Northern Ireland

The Charity Commission for Northern Ireland has published new equalities guidance for charities operating in Northern Ireland.

 


Posted on 24/06/2015 in Legal Updates

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