BWB Highlights

From 30 June, the current company law requirement to file an annual return will be replaced by an obligation to submit a "confirmation statement". For details of this and other upcoming company law changes, see today's Briefing.

On Friday 17 June, BWB hosted the inaugural Annual Conference of the European Social Enterprise Law Associate (ESELA). Interested in attending but couldn't make it? All presentations can be accessed via the link in today's Briefing.

At a glance

NCVO has published a blog “Paying for data production: the problem with payment by results”.

The Financial Conduct Authority (FCA) has launched a new website.

A care provider has been fined £190,000 by Bradford Magistrates’ Court for failing in its duty to provide safe care and treatment.

The House of Commons Committee of Public Accounts has published a report on personal budgets in social care.

Charity Commission

There were no announcements last week.

New reporting requirements for companies from 30 June 2016

From 30 June, instead of the annual return, companies will be asked to submit a confirmation statement to Companies House, confirming all their filings are up to date. Importantly, in the confirmation statement companies will need to file details of their register of people with significant control (or PSC register) with Companies House for the first time:  these details will then appear on the public register.

From 30 June companies will also have the option of maintaining their statutory registers (e.g. members, directors, people with significant control) at Companies House. 

For more information on these changes, please see this BWB Briefing.


Charity Finance Group has published this policy briefing on the “Potential impact of Brexit on charities”.  It includes comment from BWB’s Louise McCartney and Mairead O’Reilly.

This blog sets out assurances ACEVO has sought from Vote Leave in relation to key risks to the sector of Brexit.  


Fundraising Regulator

Civil Society Media has published this report about budgeting figures sent by the Fundraising Regulator to the 50 charities asked to contribute to its start up costs.  

Merger of IOF and PFRA

The IoF and PFRA have released a joint statement confirming that the target date for completing their merger remains unchanged at 31 July, although new dates have been set for the formal votes to confirm the merger.

Social finance

Payment by results

NCVO has published this blog “Paying for data production:  the problem with payment by results”.  The blog is written by Dr Toby Lowe a senior research associate at Newcastle University Business School and Kathy Evans chief executive at Children England.

FCA launches new website

On 10 June 2016, the Financial Conduct Authority (FCA) published a press release announcing the launch of its new website.  The FCA's aim is for the website to work equally well on a desktop PC, on a tablet, or on a mobile.  The new website can be found here.

FCA speech on innovation and improving outcomes

On 16 June, Christopher Woolard, Director of Strategy and Competition gave a speech on innovation and improving outcomes, at the Global Digital Banking Conference. The speech covered the FCA’s commitment to innovation and the launch of Project Innovate in 2014, which was created to offer individual support to new and established businesses to enable them to introduce innovative financial products and services to the market.  You can read the full speech here.  

Bank of England Governor speech on initiatives to promote FinTech

On 17 June 2016, the Bank of England (BoE) published the speech that Mark Carney, BoE Governor, had originally intended to give at the Mansion House on 16 June 2016, in which he was set to announce a number of BoE initiatives intended to promote the development of FinTech (financial technology). Among other things, the BoE intends to extend direct access to its real-time gross settlement system to a range of non-bank payments service providers (PSPs). The BoE's aim is to allow these PSPs to compete on a level playing field with banks, which is in turn intended to increase competition and innovation in the market for payment services.

Also see below for details of the European Social Enterprise Law Association (ESELA) conference, hosted by BWB last week.

Social enterprise

See below for details of the European Social Enterprise Law Association (ESELA) conference, hosted by BWB last week.


Higher education

See University of Cambridge case mentioned under Freedom of information below.

Also see below for details of the European Social Enterprise Law Association (ESELA) conference, hosted by BWB last week.

Health and social care

A care provider has been fined £190,000 by Bradford Magistrates’ Court for failing in its duty to provide safe care and treatment.  The prosecution, brought by the Care Quality Commission, followed the death of Mr Kevin McNally at a nursing home in Smithies Moor Lane, Birstall, West Yorkshire.  Mr McNally broke his neck in a fall from a shower chair while he was loosely strapped in - the risk of people sustaining injuries because safety or posture belts were not used or adjusted properly was well known.  

National Voices, a coalition of health and social care charities, has published ‘six principles’ of good person centred, community focused health and care.  

The House of Commons Committee of Public Accounts has published a report on personal budgets in social care. The committee recommended that the Department of Health should:

  • Ensure that it publishes good practice for local authorities and providers showing what high quality and proportionate support looks like, how much it costs and how it meets the diverse needs of users.
  • Address existing barriers to implementing personal health budgets and integrated health and social care budgets by establishing a robust regime to monitor their effectiveness as they are rolled out, applying relevant lessons that have been learned from the implementation of adult social care personal budgets.
  • In conjunction with the Department for Communities and Local Government, write to the committee explaining how housing policy supports people with care needs and how both departments will monitor local authorities' progress with making housing and care work together.

Patrick Hall, a new King’s Fund Fellow in Social Care, has published this blog on the future of social care.

International development

See this statement from CAF about the government's commitment to international aid.


New Philanthropy Capital has published a paper describing the landscape of the refugee and asylum charity sector in the UK. It is designed to be of particular use for donors interested in funding organisations working in this area.

Data protection

See under Brexit above.

survey commissioned by the Information Commissioner’s Office (ICO) shows only one in four people trust businesses with their personal information.  But, according to the ICO, it also shows consumers have a clear awareness of the action they can take to protect their own personal data.

In what seems like a fairly radical step up in enforcement action, the ICO has raided a house in Greater Manchester as part of an investigation into illegal trading of personal data. The ICO says the raid at the Stretford property was “prompted by intelligence which suggested a person living at the address may have broken the law around data protection by unlawfully accessing personal information”.  Mairead O'Reilly, BWB Consultant, said “It is rare for the ICO to carry out a raid like this – a warrant is needed and typically will be granted only in limited circumstances. However, this case serves as a reminder to data controllers that the ICO does have quite draconian remedies at its disposal and is clearly prepared to use them.”

Freedom of information

The Upper Tribunal has held that the mere fact of physical possession of information does not satisfy the test as to whether information is "held" under the Environmental Information Regulations 2004 (SI 2004/3391).  The case related to an application to Cambridge University for copies of a professor's review reports - the professor had worked at Cambridge University in an unpaid voluntary role (as a review editor) for the Inter-Governmental Panel on Climate Change (IPCC). The Upper Tribunal dismissed the appeal, holding that the professor acted in a private capacity when assisting the IPCC, and therefore was not “held” by the University.  (Holland v The Information Commissioner and another [2016] UKUT 260 (AAC))


The Advertising Standards Authority has upheld another complaint about Knights Templar International, this time about claims in a fundraising email.  The ASA agreed that the advertisement suggested that donations would directly fund those fighting ISIS, and that this was both misleading and unsubstantiated.

ESELA Annual Conference 2016

BWB was delighted to host the inaugural European Social Enterprise Law Association (ESELA) Annual Conference on Friday 17 June. The day comprised of a number of sessions on 'The Future of Social Impact', with presentations from the European Commission, the Cabinet Office, B Corp specialists, legal experts and Dai Powell of HCT Group. The afternoon was co-created with the European Venture Philanthropy Association (EVPA), with closing remarks given by Cliff Prior, Chief Executive of Big Society Capital.   BWB Partner Luke Fletcher was conference Chair, and BWB’s Chris Theobald and Simon Steeden presented in sessions about social impact bonds and managing and protecting impact. If you would like a copy of the presentations, please click here.

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Disclaimer - The information contained in this update is not intended to be a comprehensive update - it is our selection of the website announcements made in the week up to last Friday which we think will be of interest to charities and social enterprises. The content is necessarily of a general nature - specific advice should always be sought for specific situations.

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Christine Rigby

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Posted on 22/06/2016 in Legal Updates

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