BWB Highlights

NCVO/BWB Trustee Conference delegates can sign up for a 1-2-1 advice session with one of our experts. Sessions are only available to those who have already booked a place at the Trustee Conference on 7th November. Click here to see the range of sessions available and to book your place.


At a glance

ICSA has a “one year on” interview with Sir Stuart Etherington.

New Philanthropy Capital has published a new guide “What makes a good charity”.

The International Center for Not for Profit Law has published a review of NGO legal trends around the world.

The Parliamentary Joint Committee on Human Rights is carrying out an inquiry “What are the human rights implications of Brexit?”


Charity Commission

New Inquiry

The Commission has opened an inquiry into Aalami Majlise Tahaffuze Khatme Nubuwwat (328715, also known as Stockwell Green Mosque). The charity was subject to two monitoring visits from the Commission following allegations in a BBC news report that the charity was distributing literature promoting hatred towards the Ahmadi community. 

Inquiry Report – double defaulter

The Commission’s latest “double defaulter” inquiry report has been published, into The Sunrise Education Trust (284833). As a result of the inquiry, the charity has complied with its obligations to submit its annual accounting information.


General

ICSA has a one year on interview with Sir Stuart Etherington.

New Philanthropy Capital has published a new guide “What makes a good charity”.   The guide is split into four areas: Purpose, Impact practice, People, and Finance and operations, and explains why each area is important, the key questions to ask and what to look for in order to reach a judgement about an organisation’s effectiveness. 

Civil Society Media reports Number Ten has set up a new policy unit to improve relations with charities, faith organisations and businesses.


Brexit

Exit process

Theresa May confirmed on Sunday that she plans to trigger Article 50 before the end of March 2017. The pledge by the Prime Minister means that the UK is likely to leave the EU by Spring 2019, before the next General Election.  See here for the Guardian’s report.  

The Government announced plans yesterday to repeal the 1972 European Communities Act (ECA), and introduce a new “great repeal bill” which will convert all existing EU law into domestic law on the day of exit from the EU, while allowing Parliament to amend, repeal or improve any law after appropriate scrutiny and debate. The bill will also end the jurisdiction of the European Court of Justice in the UK. The bill is set to be brought forward in the next Parliamentary session, but will not take effect until after the formal two-year process of leaving the EU, which begins when the Government triggers Article 50.

EU Funding

The Chancellor has confirmed that the government will guarantee EU funding for structural and investment fund projects, including agri-environment schemes, signed after the Autumn Statement and which continue after we have left the EU – provided the funding meets the following conditions:

  • The projects are good value for money
  • The projects are in line with domestic strategic priorities

Charity sector – Brexit implications

BWB’s Mairead O’Reilly discusses the concerns of charity clients following Brexit in this BWB publication. She covers EU funding, universities, EU trademarks, and engaging with the core values of the sector.

Also see under Human Rights below.


International

The International Center for Not for Profit Law has published a review of NGO legal trends around the world.


Social finance

Charities Aid Foundation has announced that it has partnered with Interactive Investor to launch the CAF Investment Account in October.  Charities using the CAF Investment Account will be able to research, manage and trade investments in one place for the first time.


Social enterprise

The European Social Enterprise Law Association (ESELA) is holding a conference in Geneva, Switzerland, on Friday 21 October in collaboration with the Swiss Impact Enterprise Association.  This conference will bring together social entrepreneurs and legal practitioners from across Europe to discuss social, financial and legal matters related to social enterprise.  Click here for more information.


Fundraising

NCVO Working group

Civil Society Media has this summary of the final recommendations the NCVO Working Group has made to the Fundraising Regulator.  For comment from IOF see here.

Fundraising Preference Service (FPS)

The IOF has published its response to the most recent FPS consultation.  

Unaddressed mail

A reminder that Royal Mail currently runs an “opt out” from unaddressed mail delivered by Royal Mail. This service may become more prominent given that the FPS is not planned to cover unaddressed mail.


Education

See this Guardian report of comments made by Mike Buchanan, the chair of the Headmasters and Headmistresses Conference about the government’s threats to revoke the charitable status of private schools.


Health

Minister for Health Lord Prior is setting up the Burden Reduction Challenge Panel in partnership with NHS Providers, NHS Confederation and Care England.  The panel will look at evidence of both the burdens and benefits of current NHS and social care regulatory activity and will then challenge their use and necessity. Regulatory activity judged to be unnecessary by the panel and relevant officials will be amended or removed.


Human rights

The Parliamentary Joint Committee on Human Rights (JCHR) is carrying out an inquiry “What are the human rights implications of Brexit?”. JCHR is currently accepting written submissions for this inquiry; the deadline for submissions is 10 October 2016. There is no indication of when the results of the inquiry will be published.  In terms of scope, the web page lists three issues which are of particular interest to JCHR’s inquiry:

  1. Privacy and family life
  2. International trade
  3. Other human rights protected by EU law, including labour rights, disability rights and rights to freedom from discrimination on the grounds of protected characteristics

The Joint Civil Society report, Human Rights Check: Report on the UK government's human rights record, that the British Institute of Human Rights (BIHR) launched on 22 September 2016 has been submitted to the United Nations (UN) as part of its periodic review of the UK. In order to prepare the report, BIHR engaged with over 175 organisations through both a call to evidence and the hosting of a series of events. 


Data protection

Intelligent Lending, trading as Ocean Finance, has been fined £130,000 by the Information Commissioner’s Office for sending more than seven million texts offering a new credit card powered by a major lender.  

See here for the first public speech by the new Data Protection Commissioner Elizabeth Denham.


Scotland

OSCR has updated its Trustee Declaration Form for new charities (i.e. registrations and incorporations). Where applications are in progress, OSCR will accept forms in the old format until the end of November.


Northern Ireland

CCNI has published its top ten tips for giving safely to charity, following the publication of a new research report looking into the financial abuse of older people.


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.

Click here to view our social media policy document.


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Christine Rigby

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+44(0)20 7551 7712

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Posted on 04/10/2016 in Legal Updates

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