This document summarizes legal updates relevant to charity finance directors from a presentation given in May 2011. It outlines changes to the Charity Commission due to funding cuts. It also discusses the Charities Act of 2006, public benefit requirements, the Charity Tribunal, the Finance Act of 2010, the Equality Act of 2010, and the new Bribery Act of 2010 which charities need to ensure their policies comply with.

1. Charity Finance Directors’ Group
Legal Update
Anne-Marie Piper
Farrer & Co LLP
12 May 2011

2. In this session
• Charity Commission
• Charities Act 2006
• Public Benefit
• Charity Tribunal
• Finance Act 2010
• Equality Act 2010
• Bribery Act

3. Charity Commission
• New Chief Executive: Sam Younger
• Funding for the Commission predicted to fall by 25-30%
• Staff numbers have dropped by 30% since 2006
• Drop in funding of 16% in real terms since 2006
• Strategic review
• Consultation variation until 14 January 2011
• Completion/implementation from May 2011

4. Charities Act 2006
• Charitable Incorporated Organisations (CIOs) - Postponed
• Public Charitable Collections – No progress
• Statutory review of the Act due this year
• Consolidation Act in the pipeline:
• Charities Act 2006
• Charities Act 1993
• Recreational Charities Act 1958

5. Public Benefit
• Charity Commission assessments:
• Independent schools/care homes – review of those that failed
• Arts organisations
• Sports charities
• Private hospitals and healthcare charities – assessments scrapped
• ISC’s application for judicial review
• Attorney General’s referral of questions relating to the guidance
on:-
• Independent schools
• Benevolent funds

6. Charity Tribunal
• Only hears appeals against decisions of the Charity Commission
• BUT only some decisions
• Small number of cases to date
• Pragmatic approach
• Costs and the use of lawyers

7. Finance Act 2010
• Background
• Taxes covered
• Implementation
• The new test for charity – it must:
• be established for charitable purposes only
• meet a “jurisdiction condition”
• meet a “registration condition”
• meet a “management condition”

8. Further reading – Finance Act 2010
• Farrer & Co briefings: www.farrer.co.uk
• HMRC guidance: http://www.hmrc.gov.uk/charities/guidance-
notes/chapter2/fp-persons-test.htm

9. Equality Act 2010
• Background
• Framework
• Protected characteristics
• Activities within the scope of the Act
• Direct and indirect discrimination
• Exceptions
• What charities need to do
• Review – objects, policies, projects
• Training and information – trustees, staff and others
• Consider – for future projects and activities

10. Further reading – Equality Act 2010
• Farrer & Co briefings: www.farrer.co.uk
• Equality and Human Rights Commission:
http://www.equalityhumanrights.com/legislative-framework/equality-
bill/
• What equality law means for your voluntary and community sector
organisation (including charities and religion or belief organisations)
• Charity Commission summary guidance
http://www.charity-commission.gov.uk/library/equality act
summary.pdf
• Further guidance expected in 2011

11. Bribery Act 2010
• Background
• In force 1 July 2011
• 4 new offences
• active bribery (bribing another person)
• passive bribery (being bribed)
• bribery of a foreign public official
• failure to prevent bribery
• Guidance issued by the Ministry of Justice
• What this means for charities
• Review policies, procedures and contracts
• Training
• Charities operating overseas

12. Further reading – Bribery Act 2010
• Farrer & Co briefings: www.farrer.co.uk
• Ministry of Justice Guidance:
www.justice.gov.uk/downloads/guidance/making-reviewing-
law/bribery-act-2010-guidance.pdf