Law

The Charities Act 2006 is the legal framework for the charitable sector. It is overseen by the Office of the Third Sector which also monitors legislation and changes to existing legislation effecting charities and laws governing public charitable collections.

The Charity Commission enforces the Charities Act 2006, while the Charity Tribunal is an independent body which hears appeals against decisions of the Charity Commission.

Charities are also subject to other laws such as employment law, tax law and data protection laws.

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Government's solar tariff appeal is rejected by judges
News

Government's solar tariff appeal is rejected by judges

Finance | Kirsty Weakley | 27 Jan 2012

The Court of Appeal has rejected the government’s attempts to overturn a High Court ruling that said the cut to solar tariff payments was illegal.

Bill Gates, Microsoft founder and
News

Bill Gates pledges $750m as Global Fund announces new leadership

Governance | Niki May Young | 26 Jan 2012

Bill Gates has pledged a $750m vote of confidence in the Global Fund to fight Aids, Tuberculosis and Malaria after it was announced its executive director would step down following the exposure of a "grave abuse of funds" in several countries the fund works in.

David Cameron announces new Co-operatives Bill
News

David Cameron announces new Co-operatives Bill

Finance | Vibeka Mair | 20 Jan 2012
Tags: Law

Prime Minister David Cameron plans to introduce a new Co-operatives Bill, which will provide new rights for public sector workers to create mutuals.

The implications of Wikimedia's successful registration as a charity
Technical briefing

The implications of Wikimedia's successful registration as a charity

Finance | 18 Jan 2012

Following Wikimedia UK's registration as a charity last year, Tom Murdoch discusses the implications for the sector.

Tax adviser guilty of fraud in philanthropic tax loophole
News

Tax adviser guilty of fraud in philanthropic tax loophole 1

Fundraising | Celina Ribeiro | 17 Jan 2012

A tax adviser has been found guilty of setting up a tax avoidance scheme which attempted to exploit the benefits around giving gifts of company shares to charity.

Decision on solar tariffs could take weeks
News

Decision on solar tariffs could take weeks

Finance | Kirsty Weakley | 16 Jan 2012
Tags: Law

High Court judges are deciding whether to grant the appeal made by the government against last December’s ruling that cuts to its solar subsidy scheme were illegal.

Michael Thompson
News

Trustee jailed for stealing more than £40,000 from charity 1

Governance | Kirsty Weakley | 11 Jan 2012
Tags: Fraud | Law

A 69-year-old Lincolnshire man has been sent to prison for two years after being convicted of stealing more than £40,000 from an education charity.

Mary Craig, CEO, Lloyds TSB Foundation for Scotland
News

Scottish grantmaker wins £3.5m lawsuit against bank

Fundraising | Tania Mason | 6 Jan 2012

The Lloyds TSB Foundation for Scotland has won £3.5m from the Lloyds Banking Group after successfully appealing against an earlier court judgment.

Friends of the Earth campaigners outside the High Court in December
News

Government to appeal High Court decision on solar payments 1

Finance | Kirsty Weakley | 5 Jan 2012

Friends of the Earth has criticised the government’s decision to appeal a High Court ruling which found that the cut to solar panel subsidies was illegal.

Kevin Curley, chief executive of Navca
News

Navca chief tells members: don't whinge, fight!

Finance | Tania Mason | 4 Jan 2012

Outgoing Navca chief executive Kevin Curley has used his first member newsletter of 2012 – and his last as CEO – to urge local councils for voluntary action not to accept further spending cuts as a fait accompli, but to fight them.
 

Royal Courts of Justice, image copyright Chris Harvey
News

Charity Commission will not appeal schools judgment

Governance | Tania Mason | 3 Jan 2012

The Charity Commission has decided not to appeal against the Upper Tribunal’s decision on its public benefit guidance for schools and other charities that charge fees for their services.

Carrying the can
Expert advice

Carrying the can

Finance | Rachel Holmes | 9 Dec 2011

Rachel Holmes considers whether charities should be worried about vicarious liability for their employees and volunteers.

Half of small charities do not understand laws applying to them
News

Half of small charities do not understand laws applying to them 1

Governance | Niki May Young | 8 Dec 2011
Tags: Law

A report for the Legal Services Consumer Panel has found that small charities have little understanding of the legal issues they face, and warns that funding cuts and greater pressure on their services could see charities facing a wider variety of legal implications.

Help the Aged referred customers to HSBC company fined £10.5m by FSA
News

Help the Aged referred customers to HSBC company fined £10.5m by FSA 1

Finance | Vibeka Mair | 6 Dec 2011
Tags: Law

Nursing Homes Fees Agency, the now defunct subsidiary which triggered HSBC’s record £10.5m fine from the FSA this week for misleading elderly savers, had links to charities including Help the Aged and Counsel and Care.

Royal Courts of Justice
News

Upper Tribunal tells Charity Commission to withdraw public benefit guidance 7

Governance | Tania Mason | 5 Dec 2011

The Upper Tribunal has ordered the Charity Commission to withdraw its existing guidance on public benefit of fee-charging charities while it writes its new guidance.

Royal Courts of Justice, image copyright Chris Harvey
News

Schools case comes before Upper Tribunal again 2

Governance | Tania Mason | 2 Dec 2011

The Charity Commission and the Independent Schools Council recently returned to the Upper Tribunal after failing to agree how to amend the Commission’s public benefit guidance in the wake of the Tribunal’s initial judgment on the matter.

Tribunal fails public benefit test
Blogs

Tribunal fails public benefit test

Finance | Andrew Hind | 2 Dec 2011

Former Charity Commission chief executive Andrew Hind offers his verdict on the recent public benefit Tribunal judgment.

Alison McKenna, president of the Charity Tribunal
News

McKenna: Charities Act review should look at Attorney General's references

Governance | Tania Mason | 29 Nov 2011

The review of the Charities Act should re-examine the way that Attorney General’s references play out in the sector, according to Charity Tribunal president Alison McKenna.

Malcolm Hayday, CEO, Charity Bank
News

Charity Bank applies to allocate profits to charity shareholders 2

Finance | Tania Mason | 29 Nov 2011

The Charity Commission is considering a request by Charity Bank to change its governing documents to allow it to distribute profits to its charitable shareholders, a decision that could have wider implications for all charitable companies.





Nigel Siederer
News

Endowed charities suspect hidden agenda in government's social investment fervour

Finance | Tania Mason | 25 Nov 2011

A number of grantmaking trusts fear that the government’s enthusiasm for social investment is just a ruse to allow it to raid charitable endowments and plug gaps in public spending.

Nicola Evans, Bircham Dyson Bell
News

Law Commission to conduct its own review of charity law

Governance | Tania Mason | 25 Nov 2011

The Law Commission has indicated that it plans to examine charity legislation after Lord Hodgson has concluded his review of the Charities Act, and there may even be another draft charities bill produced in 2015.


Gareth Thomas, shadow minister for civil society
News

Charity Commission, NCVO and Acevo should be consulted on social enterprise strategy, says Labour

Finance | Niki May Young | 24 Nov 2011

Amendments proposed by Labour to the Public Services (Social Value) Bill, which include a requirement for direct consultation with the Charity Commission, Acevo, NCVO and others, could provide greater safeguards for not-for-profit involvement in the public service contracting process.

Age UK branch appeals to council ombudsman after £500k property bill
News

Age UK branch appeals to council ombudsman after £500k property bill

Finance | Niki May Young | 23 Nov 2011
Tags: Property | Law

Age UK Hertfordshire is preparing to take Watford Borough Council to the local authorities ombudsman in a bid to protect its reputation after receiving a £500,000 dilapidations bill for two properties it occupied.

Steve Wyler, CEO, Locality
News

Localism Act receives Royal Assent

Finance | Tania Mason | 18 Nov 2011
Tags: Law

The Localism Bill, which has been making its way through Parliament since December last year, received Royal Assent this week, to become the Localism Act.


Stephen Lloyd, senior partner, Bates Wells and Braithwaite
News

Stephen Lloyd to advise Lord Hodgson on Charities Act review 1

Governance | Kirsty Weakley | 17 Nov 2011

Stephen Lloyd has been appointed as the expert lawyer to advise Lord Hodgson of Astley Abbotts on the review of the Charities Act 2006.

Tribunal case is based on a hypothetical question, admits Attorney General
News

Tribunal case is based on a hypothetical question, admits Attorney General

Finance | Tania Mason | 16 Nov 2011

The point of law that the Charity Tribunal is clarifying this week in a four-day hearing on benevolent funds, involving at least eight barristers and several more solicitors, is a hypothetical question, counsel for the Attorney General has admitted.

High Court closes three companies involved in air ambulance collections scam
News

High Court closes three companies involved in air ambulance collections scam

Finance | Niki May Young | 14 Nov 2011
Tags: Fraud | Law

The High Court in London has closed down three companies and launched a further investigation into staff for their involvement in a charity collection scam which claimed to raise money for local air ambulances.

Attorney General Dominic Grieve
News

Benevolent funds court case kicks off this week

Governance | Tania Mason | 14 Nov 2011

A cohort of benevolent funds will appear before the Upper Tribunal this week to argue that they provide services to a sufficiently wide range of people to pass the public benefit test.

Yannick Jadot, former Greenpeace France director had his computer hacked
News

French energy giant EDF convicted of spying on Greenpeace

Finance | Niki May Young | 14 Nov 2011

Electricité de France has been convicted in a French court of spying on Greenpeace as it campaigned against the UK government’s plans to work with the energy company to expand its nuclear operations.

Dismissal for refusing a pay cut
Technical briefing

Dismissal for refusing a pay cut

Finance | 10 Nov 2011

Deborah Nathan outlines a recent case that highlights the importance of following a fair procedure when a pay cut is proposed.

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