BWB Highlights

The Charity Commission has published the final version of its updated guidance CC20 “Charity Fundraising – a guide to Trustee Duties”. This is essential reading for staff and trustees of any charities that fundraise.

Save the date! Our Annual Charity Tea Party is being held on Thursday 22nd September. More details to follow soon.


At a glance

HMRC has published guidance for charities on the new reporting requirements under the Common Reporting Standard.

The FRSB has upheld a complaint against Dog’s Trust and NTT Fundraising in relation to a call by NTT on behalf of Dog’s Trust to someone registered with the TPS.

Charities Aid Foundation has published a report “Donation states: an international comparison of the tax treatment of donations

A police force has been fined £150,000 after an email, containing information that could be used to identify eight sex offenders, was accidentally sent to a member of the public.

The law in Northern Ireland relating to credit unions and co-operative and community benefit societies is being updated.


Charity Commission

New fundraising guidance (CC20)

The final version of the new CC20 “Charity Fundraising – a guide to Trustee Duties” has now been published on the Commission’s website. There have been a number of changes from the draft of the guidance that went to consultation.  The Commission also issued a press release and a blog post from Sarah Atkinson about the new guidance.

The Institute of Fundraising has said it is working with other sector bodies on a new practical toolkit to complement this new guidance. Launching later this summer, the new toolkit will provide practical advice and support for trustees involved in fundraising within their charity.

Ramadan – safe giving

The Commission has issued advice on how to give safely during Ramadan.The advice includes a video and Top Ten tips for ensuring that donations are used for legitimate charitable purposes.

Inquiry Report

The Commission has published the latest inquiry report into a “double defaulter” charity, this time into Asian Womens Adhikah Association (1093553).


Co-operative and Community Benefit Societies (formerly IPSs)

See under Environment and Northern Ireland below. 


New reporting requirements for charities funded by investments - Common Reporting Standards (CRS)

On 3 June, HMRC published this guidance for charities.


Tax and VAT

See under Arts and Culture below.


Fundraising

See under Charity Commission above.

FRSB adjudication against Dog’s Trust and NTT Fundraising

The FRSB has upheld a complaint against Dog’s Trust and NTT Fundraising in relation to a call by NTT on behalf of Dog’s Trust to someone registered with the TPS. The FRSB concluded that it had not been “reasonable” for a third-party commercial list broker to rely on consent obtained in a ‘lifestyle’ marketing survey call four years previously to make a further call due to the length of time that had passed since it had been obtained.

Improvements in fundraising practice

The Institute of Fundraising has said that new research published last week shows that charities across the UK are improving their fundraising practices because of concerns about public trust in the sector.  The latest Managing in the New Normal report from PwC, the Institute of Fundraising and the Charity Finance Group shows that the majority of over 300 charities surveyed have improved their practice in the past year while 79% are planning to explore new fundraising options. 

Legacies

In case you missed it, this is BWB’s recent Legacies round-up.


Social finance

See this article in The Economist on payment by results and Centre for Social Impact Bonds, set up by the Cabinet Office.

See below under Environment.  


Social enterprise

The CIC Regulator has published this summary of changes to the Companies House annual return, which will shortly be replaced by an annual confirmation statement. 

See here for a list of CICs registered in May 2016.


Education

See item under Exempt charities above.


Health

This is the latest in a series of reports about new care models in the NHS.  This report describes now 5 “vanguard” providers are seeking to address health and wellbeing gaps.  

Hospice UK has published “A low priority: How local health and care plans overlook the needs of dying people.”


Arts and culture

HMRC has updated its VAT guidance on the VAT rules that apply to those museums and galleries that are eligible for refunds of VAT under section 33A of the VAT Act 1994 and which are listed in the VAT (Refund of Tax to Museums and Galleries) Order.


Faith based charities

Third Sector Research Centre has published a paper "Exploring faith groups' responses to local needs".


Environment

This is a High Court judgment on a planning issue relating to:

  • the question of whether or not an element of the package of socio-economic benefits associated with a wind turbine development, in the form of a local community donation based on turnover generated by the wind turbine, amounts to a material consideration which it was lawful for the district council to take into account when granting planning permission for the development to the energy company.
  • whether or not it was lawful to impose a condition requiring the development to be carried out via a community benefit society registered under the Co-operative and Community Benefit Societies Act 2014.

Equality

See under Advertising below.


Review of regulators

The Committee on Standards in Public Life is undertaking a review of ‘Ethics for Regulators’ to explore how regulators live up to the 7 principles of public life.  See here for an interview with Richard Thomas. The committee expects to report in the autumn.


Data protection

A Cheshire company, Advanced VoIP Solutions Ltd, has been fined £180,000 by the ICO after making thousands of automated calls relating to personal protection insurance, flight delays and package bank accounts without consent.

A Manchester company behind thousands of spam texts has been fined £80,000 by the Information Commissioner’s Office.

A police force has been fined £150,000 after an email, containing information that could be used to identify eight sex offenders, was accidentally sent to a member of the public. The ICO found that the force did not have the correct measures in place to keep personal data secure.


Freedom of information

The ICO has upheld the decision of the University of Westminster not to disclose personal data relating to Mohammed Emwazi following a freedom of information request. After initially keeping confidential its reasons for this decision, the ICO has published a previously unseen annex to its decision, in which it explains that the decision is justified on the basis that the University could not be sure that in responding to the request, it might be disclosing the details of another individual also named Mohammed Emwazi.


Advertising

The ASA has launched a call for evidence on gender stereotyping in advertisements. Gender stereotyping could include the reinforcement of stereotyped views of gender roles, the mocking of women and men in non-stereotypical roles, gender-specific marketing to children, and the objectification and presentation of an idealised (or unrealistic) body image. In particular, the ASA is keen for stakeholders to submit any research which they have on gender stereotyping.  The information gathered will assist the ASA in interpreting and applying the ASA rules, and whether a change in regulation is required.


Northern Ireland

The Credit Unions and Co-operative and Community Benefit Societies Act (Northern Ireland) 2016

This new Act makes provision for updates to the key legislation governing the operation of credit unions and industrial and provident societies in Northern Ireland.


New from Get Legal

BWB Get Legal brings you a range of top-quality, affordable legal documents, available to download and customise to your specifications. Every document has been drafted by our expert solicitors.

Small Charity Week runs until 18th June. Click here to view all customisable documents for charities.


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Christine Rigby

Senior Consultant

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+44(0)20 7551 7712

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c.rigby@bwbllp.com
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Posted on 14/06/2016 in Legal Updates

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