charity law news - January 2012

Blake Lapthorn solicitors' Charities group publishes regular ebulletins to keep you up-to-date with breaking news and topical issues affecting the charities sector. Please click on the links below to view January's articles. Please click here to view the print version.

• changes to Charity Commission public benefit guidance
  The Charity Commission has withdrawn various parts of its guidance on public benefit and has produced interim advice for charity trustees.
• Charity Commission investigates charities renting empty shops
  A number of our clients with significant charity shop businesses will be aware that landlords are approaching charities, offering to make charitable donations in return for the charity taking a lease of their hard-to-let properties.
• Autumn Statement – cost sharing exemption for VAT
  After years of pressure from the third sector, the Government has announced that it will be introducing legislation in 2012 to allow charities and other not-for-profit organisations to collaborate without paying VAT for their services to each other.
• vicarious liability for the acts of a non-employee
  Determining a preliminary issue in the case of JGE v English Province of Our Lady of Charity and another, the High Court has held that a diocesan bishop could be held vicariously liable for the torts of a priest of his diocese (who is not an employee).
• Pensions Act 2011 update
  The Pensions Act received Royal Assent on 3 November 2011 and makes changes to both the state pension and pensions provided by employers. We review some of the main provsions.
• alert for charities with residential tenants or licensees: does your occupancy agreement create a 90-year lease?
  A Supreme Court case has found that a standard occupancy agreement used by a housing association inadvertently created a 90-year tenancy rather than a monthly tenancy.
• unnecessary spending on energy
  We highlight a recent survey that has shown that a third of charities are paying too much for their energy and could claim rebates worth £100 million.
• tax on charities providing the same services as the NHS
  Following a number of campaigns on the issue, an amendment to the Health and Social Care Bill has been voted for in the House of Lords in relation to the VAT treatment of charities providing the same services as the NHS.
• do you have procedures in place to ensure donations are ethical?
  Lord Woolf has issued his report on the London School of Economics (LSE) after it accepted a £1.5 million donation from the Saif Gaddafi Foundation. The report reminds charities of the importance of public trust and reputational damage.
• Government proposals on Employment Tribunal reforms – is the tide turning in favour of employers?
  The Government's long-awaited response to consultation on the Employment Tribunal system has been published and will have important effects on all employers. We review the main proposals.
• review of health and safety legislation
  A review of health and safety legislation gives hope that the regulations will be simplified and consolidated. We highlight some of the key recommendations.
• Blake Lapthorn employment survey: social media, drugs and alcohol in the workplace
  Our Employment team is conducting a survey into the resulting issues that affect the majority of organisations one way or another and the trend towards monitoring and dealing with issues arising from usage has been on the increase for some years.
• Charities Act 2011 receives Royal Assent
  The Charities Bill received Royal Assent as the Charities Act 2011 on 14 December 2011.
• Charity Commission's Strategic Plan
  The Charity Commission has released their Strategic Plan for 2012-15, with the focus clearly on compliance and self-reliance.
• upcoming seminars, events and training at Blake Lapthorn
  We provide a summary of upcoming seminars, events and training at Blake Lapthorn in early 2012 for charities and not-for-profit organisations.

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