Bates Wells Briefing for Charities & Social Enterprises | 19 October

Our weekly round up of news and updates from across the sector.

Coronavirus – events in Wales

The Health Protection (Coronavirus Restrictions) (No. 5) (Wales) (Amendment) (No. 17) Regulations 2021 (SI 2021/1119 require premises that host certain events (and late night premises) in Wales to take reasonable measures to ensure that attendees over 18 years old are either fully vaccinated or are exempt from the requirement to demonstrate that they are fully vaccinated.  Premises and businesses that are subject to the new requirements include:  

  • Unseated indoor live events, with more than 500 people in the audience.
  • Unseated outdoor live events, with more than 4,000 people in the audience.
  • Any event, of any nature, which has more than 10,000 people in attendance.

There are exceptions for premises holding wedding or civil partnership receptions, or wakes, open air events which are free and unticketed and which have multiple entry points, protests and picketing, and open air mass-participation sporting events such as running and cycling races.


Coronavirus – impact on the sector

The latest round of the Recover, Reset, Respond Survey closes on 25.10.2021.  See here to take the survey


Brexit

The Home Office has announced a £3 million funding extension to grant funded charities, community groups and local authorities that support vulnerable EU citizens apply to the EU Settlement Scheme.


Charities Bill

Last week Bates Wells Laura Soley and Lucy Rhodes gave oral evidence to the House of Lords Special Committee on the Charities Bill. This followed contributions they had made to the Law Commission and the Charity Law Association’s working party on the Bill. You can read more about this and their views on the Bill here.


Charity Commission

Charity Fraud Awareness Week

The commission is promoting Charity Fraud Awareness Week, which will include several free events and webinars on preventing fraud and cyber-attacks.


Governance

The Chartered Governance Institute UK & Ireland (CGI) has published model terms of reference for remuneration committees of charities registered in England and Wales.


Climate change and environment

The Environment Bill 2021-22 has passed its third reading in the House of Lords. It will now pass to the House of Commons for consideration of the Lords’ amendments.

Charity Finance Group is producing a guide on net-zero and what it means for charities.  To ensure the guide is as useful and practical as it can be, CFG is asking charities to complete this short survey.

The UK Environmental Law Association has commissioned a series of short briefing notes looking at how ready the UK’s legal and governance framework is to meet the challenges of climate change.  There are currently notes on Corporate Law and Financial Services Regulation available – more will be added over time.


Data protection

The Information Commissioner’s Office has launched a public consultation on its draft journalism code of practice and is also seeking views on a draft economic impact assessment to help it understand the code’s practical impact on organisations and individuals. The consultation closes on 10 January 2022.

Alongside this, the Information Commissioner Elizabeth Denham has published a blog “Providing practical data protection guidance to the media sector”.


Fundraising

For any fundraising events in Wales, see above Coronavirus section.


Scotland

OSCR are hosting various events in November, including for Trustees’ Week running from 1-5 November and a standalone event on collective responsibility on 3 November.

OSCR’s latest newsletter can be found here, with a round-up of recent news stories.


Health

The Health and Social Care Levy Bill 2021-22 had its second and third readings in, and completed its passage through, the House of Lords on 11 October 2021. The date for Royal Assent has yet to be scheduled.


Housing

The government has published revised draft legislation on the residential property developer tax (RPDT), which is to be included in the Finance Bill 2022 and is to apply from 1 April 2022.  An exemption from RPDT has been introduced for non-profit housing companies, which are defined as non-profit registered providers of social housing; registered social landlords under Part 1 of the Housing Act 1996 or Part 2 of the Housing (Scotland) Act 2010; registered housing associations under Chapter 2 of Part 2 of the Housing (Northern Ireland) Order 1992 (SI 1992/1725); and their wholly owned subsidiaries.


Social enterprise sector news

Parliamentary Under Secretary of State (Minister for Sport, Tourism, Heritage and Civil Society), Nigel Huddleston MP, is appointed as the minister with responsibility for civil society and youth, including charities and social enterprise.

No Going Back – State of Social Enterprise Survey 2021. Social Enterprise UK has released their latest state of the sector report, which demonstrates how social enterprises are delivering economically, environmentally and socially. The landing page is here. Pioneers Post comments on the significant data released in the report.


Social investment and social impact investing news

UK social impact investment market swells to a record £6.4 billion in year of the pandemic. Big Society Capital has released data estimating the value of social investments in the UK to be worth £6.4bn in 2020. This is a 26% increase since 2019, as investments in social property soared and Covid-19 support schemes sustained social lending. In line with this, Big Society Capital explores the growth of the social impact investment market.


Education

Schools

  • The DfE has announced that new trainee teachers can get bursaries of up to £24,000 and existing teachers in all state schools can access free courses to develop their skills.

Academies

  • The Chartered Governance Institute has published a guidance note on how to change the articles of association of an academy trust. 
  • Following initial remarks from the new education secretary, Schools Week reflects on what we know about the academy agenda so far.

Further and higher education

The DfE has:

  • Published guidance on helping those in alternative provision settings to support their year 11 students as they transition into post-16 destinations and avoid becoming not in education, employment or training (NEET).
  • Announced that thousands of working adults will be offered free courses to rapidly upskill in STEM sectors including engineering, digital and construction.
  • FE Week reports that the House of Lords began to debate amendments to The Skills and Post-16 Education Bill last week, with the next debate scheduled for Monday 18 October. Several speeches were heard in a section of the debate on a series of amendments that would make it harder for the government to pursue its plans to remove funding for level 3 qualifications, like BTECs. Related to this, FE Week reports that a cross-party group of 118 MPs and Lords have called on the education secretary to “recalibrate” the government’s plans to scrap the majority of BTECs, noting ‘it is perfectly possible for T Levels, A-levels and BTECs to co-exist’.

News items

  • TES reflects on Nadhim Zahawi’s first month as education secretary and what indications we have about policy changes, noting that the first big test will come over half-term when the chancellor announces the three-year spending settlement for government departments.

Upcoming events

Our annual charity conference is back, live streaming online on 22nd Nov!

Join us for Spotlight – an afternoon of legal updates, leading sector speakers and topical debate. The programme so far includes Tristram Hunt (V&A) and David Farnsworth (City Bridge Trust) taking us through the positives from the pandemic; and Tessy Ojo (Diana Award), Halima Begum (Runnymede Trust) and Dr Marie Kawthar Daouda in a panel debate examining the “culture war” and its far-reaching impact on the sector; as well as legal updates on crisis management, fraud, charity and employment law.  Click here to book your virtual place

Data protection and the challenges and pitfalls of online working
October 20, 3pm

Whilst applications such as Zoom have opened the door to new ways of working and communicating, they also bring new challenges. We’ll explain the issues associated with online working and new modes of communication, plus the steps you can take to minimise risk. 

Employment Update Webinar
November 18, 3pm

Our bi-monthly Employment Update webinar provides practical commentary on case law and legislation developments and will leave you with a host of tips and ideas to help you add value to your role.

Mediation: An Essential Guide for HR Professionals
November 30, 3pm


A practical introduction to the core principles of mediation and how to mediate successfully.


This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.

All content on this page is correct as of October 18, 2021.