Viewing: Legal Updates
BWB regular legal updates, newsletters and bulletins
Provisions of the National Health Service (Charges to Overseas Visitors) (Amendment) Regulations 2017 (“the Regulations”) came into force on 21 August 2017, with further provisions coming into force on Monday 23 October 2017.
In this week's charity Briefing, the Charity Commission has issued a regulatory alert to military charities; the government has published a Green Paper on internet safety strategy; the Information Commissioner's Office has published a list of 12 steps to prepare for the Data Protection Bill; the Department of Health and the Prime Minister's Office have published the terms of reference for an independent review of the Mental Health Act 1983; and several reports on Adult Social Care have been published.
It is a well-known tenet of employment law, that an employer must carry out a reasonable investigation before dismissing an employee for misconduct, in order for that dismissal to be fair.
In this week's Charity Briefing, the Fundraising Regulator and Charity Commission have published a summary of the summit about online charitable giving; NCVO has published an analysis of grant making in the UK; the International Development Secretary Priti Patel has announced new rules for DFID suppliers; and the Information Commissioners Office has published a blog about changes to ICO fees and registration next year.
The Law Commission has published its much anticipated report on technical aspects of charity law including a fundamental review of the charity property law provisions and has proposed modernisation that will save the sector up to £2.8 million per annum.
In this week's Briefing, the Financial Reporting Council is consulting on a proposed solution to current technical issues around subsidiaries gift aiding profits to their parent charity; the Institute of Fundraising has published the results of a recent survey about charities’ readiness for the General Data Protection Regulation; the Government has announced a further one-month suspension of minimum wage enforcement concerning sleep-in shifts in the social care sector; the biennial State of Social Enterprise Survey has now been published; and ICSA and the Investment Association have publised guidance on board engagement with stakeholders.
On 22 September 2017 the Charity Commission published an updated version of its guidance on “reporting serious incidents”. This sets a framework for voluntary reporting by charities – there is no statutory underpinning save that charities which are obliged to file an annual return have to confirm within the annual return whether or not they have reported any serious incidents.
In this week's Briefing, the Government has published its response to a BEIS report; the ICO is consulting on draft guidance on contracts and liabilities between controllers and processors under the General Data Protection Regulation; the Frudraising Regulator has now launched registration for commercial fundraising businesses; the IoF has launched a new Certification Programme; and the Vulnerable Customer Taskforce of the Direct Marketing Association has developed a policy template.
In the recent case of RSPB, Friends of the Earth & Client Earth v. Secretary of State for Justice  EWHC 2309 (Admin), were partially successful in their application for judicial review, which sought to challenge amendments to the Civil Procedure Rules (‘CPR’) governing costs in environmental legal challenges.
In this week's charity briefing: NCVO has published a new guide on how to talk about charity issues that the public are concerned about; the Local Government Association has published a report on housing older people, which includes case studies demonstrating how some local authorities have dealt with housing the ageing population; the Data Protection Bill 2017 has now been published and has had its first reading in the House of Lords; the Charity Commission for Northern Ireland has launched a consultation on proposed changes to the Annual Monitoring Return 2018.
A draft charities Bill has been published, as part of the Law Commission’s final report into technical issues in charity law. The report has looked at selected issues where the Law Commission considered charity regulation could be streamlined and has recommended a number of amendments to the Charities Act 2011.
For many, particularly charities, membership associations and those active in public or third sectors, competition law is about as relevant as particle physics. At BWB, our extensive experience across the public and private sectors of the UK economy means we have a good understanding of the dynamics at play.
In this week's charity briefing, updates from the Fundraising Regulator; the Department of Health and Public Health England are inviting the applications to set up a new social prescribing scheme; the HCA is introducing fees for social housing regulation from 1 October 2027; the Government has established an independent review of full time social action in the UK; and the Office of Scottish Charity Regulator has opened a consultation on its draft fundraising guidance.
UK Visas & Immigration (“UKVI”) has published its quarterly report showing the number of civil penalties for illegal workers found in each region of the UK between 1 January and 31 March 2017 (“the specified period”).
Monitoring employees’ communications in the workplace – has the balance shifted in favour of employee privacy? >
In the long-running case of Bărbulescu v Romania, the Grand Chamber of the European Court of Human Rights (“ECtHR”) has overturned the ECtHR’s earlier ruling in relation to an employee’s right to privacy.
In this week's Briefing, the Charity Commission has publised a group case report into Plymouth Brethren Gospel Hall Trusts; HM Treasury has issued a consultation about increasing the audit thresholds for co-operative and community benefit societies; the Fundraising Regulator has published a list showing the charity payments for year 1 levy; and the Government has outlined proposals for a shared approach on data protection with the EU.
At the end of July 2017, the Fundraising Regulator (FR) announced changes to the Code of Fundraising Practice in six areas. To ensure charities (and for profit fundraising organisations) comply with these changes, we have outlined below the steps trustees, charity fundraisers and fundraising organisations should be taking now.
In this week's Briefing, the Charity Commission is advertising upcoming outreach events; results from new research publised last week by the Institute of Fundraising and YouGov; and the Department for Culture, Media and Sport has publised a new report.
The Terms of Reference into the Grenfell Inquiry were published yesterday to a mixed reaction. It is broader than expected in some senses in that it will look at the emergency and the Government/Council’s response to the disaster, but to the disappointment of others it will not look at the policy and politics surrounding social housing and the level of investment in recent years.