Bates Wells Briefing for Charities & Social Enterprises | 23 April

The Independent Inquiry into Child Sexual Abuse (IICSA) is considering the question of introducing mandatory reporting of child sexual abuse in England and Wales. See here for a briefing on this from Bates Wells’ Senior Associate Claire Whittle.

Services
Charity
Sectors
Charities, Social Enterprise
Type
Update

Bates Wells is holding a seminar next Tuesday between 3.30pm – 5.30pm on election law and charity law rules on campaigning. For more information and to book your place see here.


At a glance

HMRC has published guidance on preparing for IR35, which reforms off payroll working rules from April 2020.

The House of Commons Library has published a paper detailing preparation for medicines shortages after Brexit.

The Parliamentary Environment Audit Committee has published a report “Fixing fashion: clothing consumption and sustainability”.

The Government has resurrected plans for a cap on public sector exit payments to public sector employees.


Charity Commission

Inquiry report

The commission has published a report of its inquiry into Worldwide Ummah Aid (former registered charity 1145673). The inquiry was opened to investigate regulatory concerns arising from a cash seizure of charitable funds from one of the trustees at Heathrow Airport. The inquiry found evidence of misconduct and/or mismanagement in the charity’s administration by the trustees including money spent that was not accounted for, invoices which appeared to be for personal expenditure, and loan repayments on a car owned by one of the trustees.

Annual Return

The Commission’s guidance on completing an annual return has been amended to state that the 2019 charity annual return service is now available. The document that lists all of the questions in the 2018 and 2019 annual returns has also been updated.


Tax and VAT

HMRC has published guidance on preparing for IR35, which reforms off payroll working rules from April 2020. For background see this Charity Tax Group summary.

Civil Society Media reports John Hemming, chair of the Charity Tax Group, as saying said that the current financial year is likely to be “the most critical in decades” for shaping government policy on the reliefs the sector receives. He says charities could be subject to a mass overhaul of the VAT system whether the UK remains in the EU or leaves with or without a deal. In part this is because VAT reliefs and rates will come under scrutiny in Europe.


Brexit

Funding

NCVO’s Funding round up: April 2019 notes that the Chancellor has warned that because the UK’s exit from the EU is now pushed back to as late as 31 October, the three-year spending review planned for the autumn might now become a one-year extension to existing budgets.

Education

The Department for Education and the Department for Business, Energy and Industrial Strategy guidance has provided guidance for regulatory bodies on the obligations placed upon them by the Recognition of Professional Qualifications (Amendment etc.) (EU Exit) Regulations 2019 which will make amendments to the 2015 Regulations as a consequence of the UK’s withdrawal from the EU without a negotiated deal in place.

Health and social care

The House of Commons Library has published a paper detailing preparation for medicines shortages after Brexit. It provides an overview of current medicines regulation in the UK and EU, Brexit negotiations so far on this issue, and views on future regulation. The paper reports that, in response to concerns about the impact of a no deal Brexit on medicines supply in the UK, the government has undertaken a range of steps, such as securing new freight options for transporting medicines, requiring pharmaceutical companies to stockpile medicines and introducing new measures for supplying medicines. The paper is focused exclusively on medicines regulation and does not discuss the impact of Brexit on research funding and clinical trials.

The Health Service Journal (HSJ) has written an article on the Government’s instructions to trusts to withhold Brexit impact assessments from the public as it could put ‘public wellbeing at risk’. The instructions came after the HSJ submitted freedom of information (FOI) requests to every trust in England, asking for their self-assessments of the impact of Brexit on their non-clinical goods and services and on their EU workforce. The guidance recommended applying two exemptions of the FOI legislation (sections 29 and 43) as justification for withholding the information.

NHS England have published guidance on ‘Preparing for the possibility for a no deal EU exit for primary care contractors’, which details the nationwide assessment of the risks to primary care organisations in the event of a no-deal. Some of the main risks identified were: continuity of supply, non-clinical goods and services, reciprocal care, workforce, data, research and clinical networks.


General

You can now access some of the slides from the NCVO Conference on 1st April.


Safeguarding

The Independent Inquiry into Child Sexual Abuse (IICSA) is considering the question of introducing mandatory reporting of child sexual abuse in England and Wales. See here for a briefing on this from Bates Wells’ Senior Associate Claire Whittle.


Data protection

ICO fines

A company selling funeral plans has been fined £80,000 for marketing calls to people registered with the Telephone Preference Service. The ICO is asking people to speak to their older relatives, neighbours or friends and make sure they are registered with the TPS. If they have still been getting nuisance calls, they can help report these calls to the ICO as this helps the ICO build up intelligence on companies and sectors where it needs to take action.


Fundraising

Institute of Fundraising

The IOF has published this summary of the proposed move to being a Royal Charter body. Bates Wells’ Partner Thea Longley and Associate Lucy Rhodes are advising the IOF on the process.


Education

See under Brexit above.

Schools

See here for confirmation of the government’s roll-out of free sanitary products to girls in not just secondary schools but all primary schools in England as well from early next year.


Health

See under Brexit above.

The Department for Health and Social Care and the Ministry for Housing, Communities and Local Government have jointly published the Better Care Fund Policy Framework 2019-20. The Better Care Fund facilitates the government’s aim for integrating health, social care and other public services, by bringing together health and social care funding.


Faith based organisations

The Places of Worship Protective Security Scheme will be open for applications from July 2019.

Bates Wells has published the latest version of our newsletter for faith based organisations.


Culture and creative

The Department for Digital, Culture Media and Sport is conducting a tailored review of Historic England. The consultation closes at midday on 9 May 2019.


Environment

The Parliamentary Environment Audit Committee has published a report “Fixing fashion: clothing consumption and sustainability”.


Public sector

The Government has resurrected plans for a cap on public sector exit payments to public sector employees. It has published the draft Restriction of Public Sector Exit Payments Regulations 2019, which introduce a £95,000 cap on exit payments, along with draft guidance. The draft regulations and guidance are subject to consultation, the period for which closes on 3 July 2019. The power to introduce a cap was inserted into the Small Business, Enterprise and Employment Act 2015 in 2017. Draft regulations were published in 2016, but were not progressed. The new draft regulations are similar in many respects to the previous draft but contain some differences.


Campaigning and elections

Bates Wells is holding a seminar next Tuesday between 3.30pm – 5.30pm on election law and charity law rules on campaigning. More information can be found here.

In the US, the National Park Service has proposed a rule to charge protest organizers fees for clean-up costs associated with demonstrations on public sites in Washington, DC. See here for a full briefing from ICNL.


Modern slavery

In an ongoing prosecution under the Modern Slavery Act relating to a ‘chicken-catching’ business which used trafficked Lithuanian workers, the judge has held that the two directors of the company were personally liable to the workers for the contractual breaches by their company.


Scotland

SCVO has expressed concerns that the recent Scottish charity law consultation does not go far enough to deliver a comprehensive review of Scottish charity law, which is required to maintain and build trust and confidence in the collective reputation of modern charities across Scotland today. Chief Executive Anna Fowlie has written to Cabinet Secretary for Communities and Local Government Aileen Campbell requesting that ministers rethink their approach, and that particularly the review looks at introducing a “clear and relevant” definition of “public benefit”.


All content on this page is correct as of April 23, 2019.