BWB is highly regarded for its work advising new organisations moving out of the NHS. We have been consulted by the Department of Health on the practical and commercial implications of policy in this area under both the previous Government and this one. We have worked with the Kings Fund, NHS Alliance and Social Enterprise Coalition to provide training to many NHS employees and managers considering moving out of the NHS to establish mutuals and social enterprises.

We can advise on:

  • The legal form the new entity might take, for example company limited by shares, community interest company (CIC), company limited by guarantee, industrial and provident society.
  • Company formation, directors' duties and company secretarial matters.
  • Funding and tax issues.
  • Charitable status, its benefits, formalities, relationship with the Charities Commission.
  • Staffing matters, for example, TUPE, pensions (GAD approved schemes and transfers from the NHSPS), consultation, staff involvement in the governance of the new entity, the new entity's on-going employment responsibilities.
  • Public procurement, contracting back to the NHS and negotiating contracts with suppliers, state aid and competition.

We can also provide advice on:

Click here to download our comprehensive checklist, for setting up a mutual, drafted in partnership with PLC.

Click here for "Get Legal" a website providing guidance on establishing a social enterprise produced by BWB in association with NCVO, Social Enterprise Coalition and Co-Ops UK.