Updates

The Procurement Act 2023: new regime goes live

The Procurement Act 2023 is now in force. Explore our Procurement teams’ top takeaways on the Government’s strategic priorities following publication of the new National Procurement Policy Statement. On 13 February 2025, the Cabinet Office published the long-awaited National Procurement Policy Statement (NPPS), reinvigorating a focus on public bodies using procurement to achieve public benefit. …
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Is it worth appealing against a Charity Commission trustee disqualification order?

In February 2025 we saw the first successful overturning of a Charity Commission trustee disqualification order. The Commission had disqualified Mr Mond, a former trustee, for two and a half years, based on some social media activity while Mr Mond was a trustee. Mr Mond appealed the order to the First Tier Tribunal.  The Tribunal found that …
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The Charities Act 2022, explained: revisiting the key changes to the rules relating to charity land

Now that the majority of the changes to the rules on disposals of charity land introduced by the Charities Act 2022 have been implemented on a phased basis, we revisit the various key amendments which could save charities time and money when disposing of property. What do you need to know? Part 7 of the …
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New company guide empowers UK company directors to embed sustainability information in financial reporting

Bates Wells has contributed to a new guide, issued by the True & Fair Project, to support UK company directors who have decided that information relating to sustainability issues is necessary for their accounts to give a true and fair view. ‘Are Your Financial Statements True and Fair?’ underscores directors’ legal obligation to consider sustainability …
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Government considers a range of cost protection options for claimants bringing discrimination claims

Most organisations will, at some point, have to respond to a claim (meritorious or not) alleging discrimination under the Equality Act 2010. The usual rule for most litigation before the courts in England and Wales is that the loser pays the winner’s costs (or at least pays a proportion of them). The government is considering …
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New data protection law will make it easier for charities to fundraise

It isn’t often that new data protection law actually makes it easier to do things. But that is the case with the Data (Use and Access) Bill (“the Bill“) which is currently making its way through Parliament. What’s changing? The legislation makes it easier for charities to contact existing supporters by e-mail and text message …
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How does the VAT fundraising exemption apply to your charity’s events?

On 9 January 2025 the Upper Tribunal released its decision in the Yorkshire Agricultural Society case [2025] UKUT 00004 (TCC). The outcome of this case clarifies the application of the VAT fundraising exemption for charities. The Tribunal concluded that fundraising events, even when intertwined with furthering the charity’s primary objectives, can benefit from VAT exemption. …
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What’s next for UK environmental protection?

On 24 January, the Climate and Nature (CAN) Bill was ‘adjourned’ to 11 July after politicians were denied the opportunity for a ‘free vote’ to advance the Bill to its next stage. Instead, the government has promised that next steps will include binding commitments to advance the CAN Bill’s objectives, including for legislation. We considered …
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Too good to be true? New legislation cracks down on fake consumer reviews.

The new Digital Markets Competition and Consumers Act came into force on 1 January 2025, bringing in a raft of changes to competition law for organisations in the UK. In this series we’ll be looking at key sections of the Act, and what this means in practice for businesses and charities.   With more and …
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Refining the subsidy control regime: our response to the consultation

The introduction of the new UK subsidy control regime in 2023 brought with it a range of challenges for organisations distributing public money – mainly central and local government, but also non-department public bodies and charitable funders – as well as grant applicants, as they got to grips with compliance. The Department for Business and …
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Age verification measures to regulate pornography – the latest from Ofcom and the Online Safety Act 2023

Pornography legislation has long been an emotive and contentious topic, with no consensus as to the correct approach to regulation. Measures must strike a delicate balance, upholding rights such as free speech, privacy and adult autonomy against the responsibility to protect vulnerable individuals from associated harms. What happened to regulation under the Digital Economy Act …
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USAID and UK NGOs: Trump’s Executive Order Freezing Foreign Assistance

Many INGOs and English charities working in the humanitarian and international development sectors will be impacted by President Trump’s recent executive order, Reevaluating and Realigning United States Foreign Aid. The order mandates a 90-day pause in U.S. foreign aid assistance, with a view to aligning US aid to President Trump’s foreign policy agenda: it was …
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