BWB highlights

The Stephen Lloyd Awards are now open for entries for 2016, see today's Briefing for more details.

Planning to campaign in relation to the EU referendum? NCVO has a seminar on 26th February. See below for more details.


At a glance

The Charity Commission has published a report into its monitoring action and review of the activities of Preston Down Trust, one of the Plymouth Brethren charities.

The membership of the new Fundraising Regulator’s board has been announced.

The government has made an order deregulating incidental non-commercial and private society, work and residents' lotteries.

The Information Commissioner’s Office has published a new version of its “A Practical Guide to IT”.

The Department for Education has published a suite of template documents for schools to adapt when running a procurement process.

A consultation on regulation of fundraising in Scotland is underway.


Charity Commission

Court of Appeal hearing re Jehovah’s witnesses

Following the 2014 High Court decision to refuse to permit the trustees of the Watch Tower Bible & Tract Society of Great Britain to bring a judicial review action against the Charity Commission, the trustees appealed to the Court of Appeal which heard the application on 10th Feb. The Charity Commission’s statement on the case can be found here.

Case Report – Preston Down Trust

The Commission has published a case report into its monitoring action and review of the activities ofPreston Down Trust (registered charity number 1155382). The charity is part of the Plymouth Brethren Christian Church and was the first of a number of Plymouth Brethren Christian Churches to be registered in January 2014. The commission registered the Preston Down Trust on the basis that it adopted a new Deed of Variation with a statement of its doctrines and practices and a framework for the administration of the charity in a way which ensured it was charitable and was binding on the trustees. The commission made a commitment to review The Preston Down Trust’s compliance with this deed 12 months after its registration as a charity in 2014.

Case Report – GYSO Limited

The Commission has published a case report into GYSO Limited, a charity to raise awareness for prostate and testicular cancer.

Next Public Meeting

The Charity Commission is encouraging trustees and charity professionals to attend its next public meetingon 29 February, between 11am and 3pm, in Southampton, or to watch it either by live-stream (the first time this has been available) or via the recording of the meeting. The meeting will include presentations on:

  • tackling abuse and mismanagement – lessons learnt from our casework,
  • digitising the Commission, and
  • charity fundraising – key principles for trustees.

There will also be an overview of the Commission’s recent activities and the opportunity to ask questions of the Chair, William Shawcross.


Fundraising

Fundraising Regulator

See this Civil Society Media article for details of the first members of the Fundraising Regulator’s board.  

Lotteries

The government has made an order deregulating incidental non-commercial and private society, work and residents' lotteries. The Legislative Reform (Exempt Lotteries) Order 2016 (SI 2016/124) will come into force on 6 April 2016 and will remove restrictions that apply to such lotteries under the Gambling Act 2005.  Key changes include expanding the exemption for each of the following:

  • Incidental lotteries, so that it applies to lotteries that are incidental to commercial events (provided the other conditions applicable to incidental lotteries are still met).
  • Private society lotteries, so that it applies to any private society lottery promoted wholly for a purpose other than that of private gain. So it will no longer be limited to the purposes for which the society is conducted.
  • Work and residents' lotteries, so that it applies to any work and residents' lottery promoted wholly other than for the purpose of private gain, or organised in such a way that no profits are made.
  • The Order will make it easier to use small scale lotteries to raise funds for charities and good causes

BWB’s Sarah Payne comments “Lotteries are an important and growing source of unrestricted income for many charities. These changes loosen some of the rules surrounding lotteries and present new opportunities for charity fundraising.” For background to these changes, please see this article written by Sarah last year.  

Also see item under Scotland below.


Data protection

The Information Commissioner’s Office has published a “new and improved” version of its “A Practical Guide to IT”.  The guide includes updated advice about processing data in the cloud, and extra advice on how to make sure mobile devices used remotely are safe and secure.


Campaigning/EU referendum

See the events section below for details of a NCVO event on Friday 26th February about campaigning, charities and the EU referendum. Speakers include Vicky Fox from the Electoral Commission and BWB'sRosamund McCarthy and Simon Steeden.


Social finance

See this blog by Peter Kelly, Charity Bank’s business development director, about the pros and cons of loan finance.


Social impact

New Philanthropy Capital has published a report “Shared measurement: Greater than the sum of its parts


Social enterprise

The results of a survey carried out by Social Enterprise UK (SEUK) reveal that three-quarters (74%) of social enterprises pay their employees the Living Wage, compared with half (53%) of small businesses.


Education

Schools

The Department for Education has published a suite of template documents for schools to adapt when running a procurement process. The documents include example contracts and terms and conditions for both goods and services contracts, example timescales for schools planning a procurement process for goods or services and an exemplar bid evaluation scoring summary spreadsheet, to help school business managers compare suppliers' bids during a procurement process.

Higher education

The government has issued new guidance calling for universities to work more closely with schools in poorer neighbourhoods. 

Also see under Youth justice below.


Youth justice

Plans to transform youth custody in England and Wales have been set out by child behavioural expert and former head teacher Charlie Taylor. His recommendations include that young offenders should serve their sentences in secure schools rather than youth prisons.


Scotland

consultation on regulation of fundraising in Scotland is underway (until 31st March).  The Scottish Fundraising Working Group, convened by SCVO, has developed three options for a new charity fundraising regulatory system in Scotland: 

  • Option 1: A UK-wide Fundraising Regulator acts as intermediary in place of the Fundraising Standards Board
  • Option 2: A new Scottish Fundraising Regulator acts as intermediary
  • Option 3: no single regulatory body replaces the FRSB in Scotland. Instead, a greater responsibility is placed on fundraising charities to self-regulate, whilst the Office of the Scottish Charity Regulator ("OSCR") has an enhanced, ombudsman-style, role. A publicly accountable Scottish Standards Committee, or new Scottish fundraising professional body, would set fundraising standards.

OSCR has announced that it will be carrying out research to explore the issues facing Scottish charities and to gather feedback on OSCR. A representative sample of Scottish charities will be contacted by a market research organisation on OSCR’s behalf to ask them to complete a survey. The results will be published on OSCR’s website later this year.

OSCR has posted a blog about its new charity registration logo for use by Scottish charities

OSCR will shortly be celebrating its 10th birthday. Since 2006, OSCR has confirmed around 9000 new charities, granted consent to over 8,000 changes to charities and handled over 2,500 concerns about charities.


Northern Ireland

The Charity Commission for Northern Ireland ("CCNI") has published a briefing paper on the changes in UK fundraising regulation, with the aim of supporting charities in understanding how the proposed changes to could affect them. The background can be found here.

CCNI has endorsed the publication of a Revised Code of Good Governance launched by the Developing Governance Group at a seminar hosted by NICVA (the Northern Ireland Council for Voluntary Action). The original version was based on the Code of Good Governance for England and Wales. The new Code can be found here.

CCNI has announced a further consultation event on its Accounting and reporting Guidance Consultation, this time in Ballymena on 23 February.


Stephen Lloyd Awards 2016

The Stephen Lloyd Awards 2016 are now open for entries!

The Stephen Lloyd Awards Committee have announced that they are now open for entries to the 2016 Stephen Lloyd Awards. The aim of the awards, in line with Stephen’s own approach, is to help create success by finding and nurturing innovative ideas and projects that can lead to practical, sustainable social change. The awards committee is particularly interested in supporting ideas that address social problems at a systemic level.

Entries for the awards will have an eight week application window, closing on 25th March 2016. Applications should be emailed to info@stephenlloydawards.org.

For more information about Stephen Lloyd Awards or specific entries, please contact the Stephen Lloyd Awards Committee.


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Christine Rigby

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Posted on 17/02/2016 in Legal Updates

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