June - August 2004 / Issue number 76 SocialEconomy A quarterly bulletin of information for charities, voluntary organisations and social enterprises Visit http://www.unity.uk.com/sebrochure to view Social Economy online or forward it to a friend Charities The pub is the hub A formerly derelict pub in the village of Rookhope in Co. Durham has been brought back to life with additional community facilities. The project has been made lots of activities run from the pub possible by loans from Unity building, says Chris Jones, Trust Bank and the North East project development officer in Community Loan Fund - a sub Rookhope, which has a fund of the Local Investment population of 250 and is a Fund (LIF). popular area for walkers and cyclists. The first years of the millennium were tough for the remote The Rookhope Inn is in the village of Rookhope in County centre of the village and was Durham - as well as facing purchased after a local general problems of rural decline, community group, the St Aidan s Pictured above are Rod Jones of the Local Investment Fund (LIF) the area s main employer, a Community Trust, succeeded in and Nigel Price of Unity Trust Bank. cement works, shut down and getting a Ł120,000 loan from the community was hit by the Unity and LIF to buy the foot and mouth epidemic. premises. It was when we Checking charity trustees heard about Unity s Rent to The Rookhope Inn is back in Buy scheme that we contacted The Charity Commission is revising its guidance on the recruitment, business and has also become a them, says Chris. selection and appointment of charity trustees. kind of community centre, with In 2001 Prince Charles As part of this process it is that a trustee is a disqualified launched a report called The consulting on the guidance it person or a person who has a pub is the hub , which flagged gives on checking the eligibility criminal record where the charity up the key social role many of charity trustees. The Charity is working with vulnerable pubs in rural communities could Commission already requests people. play. The Rookhope Inn is a that, on the registration of a great example of how a pub can new charity, the trustees declare Charities may need to become a community hub. they are not disqualified. The formalise their procedures on Commission is recommending in recruitment of trustees to Hallmarks of an effective charity its guidance that charities incorporate these proposals. consider asking all new trustees The Charity Commission has published new guidance aimed at before their appointment Comments on this draft trustees of charities with an income of more than Ł250,000 per year, whether they are disqualified guidance are requested by urging them to be effective and not just well run. from acting as a charity trustee. the Charity Commission by The publication replaces activities and practices are in the 20 August 2004 at Hallmarks of a Well Run line with it. They are also recommending www.charity-commission.gov.uk Charity (CC60) and is that trustees of children s particularly useful as a starting " An effective charity pays charities and charities point for checking on attention to the recruitment, working with vulnerable governance arrangements of a selection and training of adults, also make a charity and ensuring that the trustees, staff and volunteers. check with the Criminal right system is in place before Records Bureau, even a review visit by the Charity " An effective charity explains though this is not a Commission. Some of the themes its activities and decisions in an legal requirement. in the publication include: open and transparent way. The Commission is " An effective charity regularly For further information see clearly concerned about checks that its governing www.charity-commission.gov.uk/ the reputation and risk document is up to date and its publications/pdfs/cc60text.pdf to a charity if it finds Social Economy is published by Wrigleys Solicitors in association with www.unity.uk.com Draft Charities Bill now published The draft Charities Bill was published on 27 May 2004. There will be 13 heads of charity which are: Highlights of the Bill are: charity with limited liability " Prevention or relief of poverty under the sole registration of " Advancement of education Religious or educational the Charity Commission. " Advancement of religion charities Although the Act provides for " Advancement of health Religious and educational the transfer of current legal charities will have to forms into the CIO, unusually it " Advancement of citizenship or demonstrate public benefit for does not provide for transfer in community development the first time. the opposite direction if the CIO " Advancement of the arts, should prove the wrong heritage or science Endowment capital structure. " Advancement of amateur sport Charity mergers The Bill will make it easier to The Charities Bill has apply charitable property for Remuneration of trustees " Advancement of human rights, implemented a proposal to other charitable purposes where The Bill permits charities to conflict resolution or make mergers easier but it does current charitable purposes remunerate trustees without reconciliation not go far enough. cannot be fulfilled. requesting Charity Commission " Advancement of environmental consent if certain provisions are protection or improvement Charitable companies - Auditors to become applied. This is a major " Relief of those in need by amendments to memorandum whistleblowers relaxation. It does not assist reason of youth, age, ill health, The system for amending There will be additional duties senior charity executives disability, financial hardship or upon auditors to become memorandum and articles of becoming trustees. other disadvantage association becomes more whistleblowers to the Charity restrictive to encompass any Commission in respect of Audit threshold " Advancement of animal amendment which provides potential breaches of charity law. Charities will only require an audit welfare authorisation for any benefit to when their annual income " Any other purposes which are members of the company or Religious organisations and exceeds Ł500,000 (currently recognised as charitable or are persons connected with them. other excepted charities Ł250,000) or when assets related to these heads. Some religious charities and exceed Ł2.8 million and income In addition, it is essential that Charitable incorporated groups such as scouts and is over Ł100,000. charities are for the public organisation guides with income in excess of benefit which means the objects The Act sets out the basic Ł100,000 will now have to Relief of trustee liability and activities of a charity are for form for the charitable register with the Charity The Charity Commission will be the public benefit as settled by incorporated organisation, Commission. able to relieve trustees and case law. which is a new legal form of auditors from liability for breach Fundraising of trust or duty rather than The Secretary of State has been Unity pledges half its loans to the liability being relieved only by given power to regulate the courts. fundraising by charities in the charity and voluntary sector future. This means if codes of Charity appeal tribunal practice do not work, regulation Half of Unity Trust Bank s new lending will be to charity and A tribunal will be established to will follow. voluntary organisations. hear appeals against specified decisions by the Charity Unity has announced an 11 per Public charitable collections Commission. This will avoid cent rise in lending during the The Regulation of Public having to go to the High Court year ended December 31, 2003 Charitable Collections is to along with associated costs of with lending to customers be extended to cover collections proceeding. increasing to Ł45.9 m. in a public place as well as door to door collections. This Universities and other The bank issued loans worth should help to clamp down on exempt charities Ł5.5m to charities and community inappropriate collecting. These charities will need to development finance institutions publish financial information during 2003. Voluntary sector Charity commissioners and annual returns with the deposits also grew from 40 per The Charity Commission is to be Charity Commission but will be cent of the total in 2002 to 43 established as a corporate body regulated by their main per cent last year. in place of the individual charity regulator in respect of charity commissioners. It will have law. As it is about to enter its 21st places for a larger number of year, the Bank has reported a non-executive directors from the profit before taxation of Ł4.1m, charity sector. Its powers over doubling its profits in the last Our strength lies in our charities are extended five years, and is also increasing partnership approach, combined significantly and its discretion the final dividend for with a real understanding of the increased. It will be necessary to shareholders by 20 per cent. markets in which we operate. ensure it has to act reasonably. Unity Trust Bank s managing Supporting the economically Details of the joint committee s director Ian Sim said Our disadvantaged and socially enquiry will be available on business strategy is that around excluded is at the heart of what www.parliament.uk/parliamentary 50 per cent of our new lending we do and our plans for the _ committees/jcdchb.cfm will be to the voluntary sector current year and beyond include and our involvement in further extensive involvement For further information contact futurebuilders is consistent with and a true partnership with our Malcolm Lynch or Valerie James this focus. stakeholders . at Wrigleys on 0113 244 6100. To campaign or not to SIR shapes up to promote campaign, that is the question effective performance It is nearly 10 years since the Charity Commission first One of the key proposals of the Strategy Unit Report has taken published its guidance for charities on political activities and another step forward. The aim of the Standard Information Return campaigning. The world has changed a lot in those intervening (SIR) is to improve the accountability and transparency of charities years and the ways in which campaigning and political with an income of over Ł1m. activities are carried out have changed too. Producing a short return that " informs the public about the The Government s Strategy Unit consider when deciding sums up a charity s impact in a work of charities report recommended that the whether or not campaigning succinct but meaningful way " provides a snapshot of the Charity Commission s guidance can be carried out by their was never going to be easy and charity s aims, activities and should be revised because it charity. the Charity Commission s first achievements was thought charities should be " If the guidance is adopted it attempt was judged by many to " reflects on the charity s encouraged to play a part in will include and replace be unworkable. The Commission performance campaigning and advocacy in guidance for local community has therefore gone back to the the political arena. The Unit charities, which previously drawing board and has now The information will have to wanted the Charity Commission existed in a separate published a revised draft for be certified as correct by the guidance to stress the positive document (CC9(a)). consultation. CEO and the Chair of the charity. side of what charities can do, as opposed to focusing on This new guidance does not The SIR, which will form part of The draft return and guidance restrictions. To reflect the create a new charitable object the annual return already notes can be found on the recommendation, the guidance for any charity. A charity required by law and will be made Commission s website at has been revised and the carrying out a campaigning role publicly available through the www.charitycommission.gov.uk Charity Commission has issued or political activities has to Commission s website, is intended under Promoting effective new draft guidance for make sure, as with everything it to provide information that: performance . consultation. does, that there is a reasonable expectation what is done in a " is understandable to stake- Views are being sought until 30 Principal points to notice campaigning or political sphere holders and the general public July 2004. include:- will further the charity s " The aim of the guidance is to purposes and the expected enable charities to reach a outcomes are appropriate for Employment decision on whether they can the resources applied to the engage in campaigning and activity. This guidance offers Agency worker checks political activities and the no blank cheque to a charity Charity Commission is that wishes to dive into the The DTI s new Conduct Regulations for Employment Agencies seeking comments on how world of political activity, but its have now come into force which will require agencies to vet useful achieving that aim is. aim is to make it possible for temporary workers who work with vulnerable groups. " The guidance seeks to clarify trustees to weigh up its position the legal framework within before embarking on a In future, agencies supplying which charities can engage in campaign or tackling a political temporary workers for work with political activities. issue in the course of the children, the elderly and the " Risk management is now at charity s work. infirm will be required to carry the forefront of the thinking out additional checks - including of charity trustees and this Responses are requested by obtaining copies of relevant guidance reflects that by Friday 30 July 2004 at the qualifications, two references offering for the first time a latest. The full text of the new and taking all reasonable steps section on the risk factors draft guidance can be found at to confirm that an individual is which charity trustees need to www.charity-commission.gov.uk not unsuitable. Further details can be found in Fundraising codes of practice the DTI press release at www.gnn.gov.uk/gnn/national.nsf The Institute of Fundraising has produced Codes of Fundraising (Daily + News DTI press release Practice for 20 years. There are 21 individual codes covering dated 5 April 2004). different areas of fundraising practice. The codes give guidance on in setting up a role giving and areas of fundraising activity and other schemes. The second Working time opt-outs include not only information on code is Best Practice for The UK is currently the only European Union Member State which relevant law, but also the best Fundraising Contracts which extends the opt-out under the Working Time Directive to everyone practice that the fundraising gives guidance on the common at work. Statistics suggest that only one in three people at work sector has set itself. problems that can befall such knows there is a 48 hour average working limit and of those who contracts between fundraisers have signed an opt-out, one in three say they were given no choice. The codes are available to and voluntary organisations. download for free on the website This includes a new model of the Institute of Fundraising fundraising agreement. Please Three quarters of employees friendly policies, but now and any new codes will be added check the Institute of currently work overtime, but only support has come from the to the website from time to time. Fundraising website for the a third of those are rewarded European Parliament itself in a issue of this new fundraising with extra pay or time off in lieu. call on the European Two codes have recently been agreement. Commission to end the UK s out for consultation. They are Such conduct is inconsistent individual opt-out which many Committed Giving in the For further information contact with the Government s push see as the only sure way to Workplace which is designed www.institute-of-fundraising.org.uk towards flexible working tackle the long hours culture for employers who are engaged (Third Sector 31 March 2004). promoted as part of its family prevalent in this country. Eyes wide open on whistle blowing Many might be forgiven for wondering how whistle blowing could have any relevance to charities. Anyone who mistakenly holds that view may be surprised and not pleasantly so, at the level of the award recently made by the Employment Appeal Tribunal in the case of Virgo Fidelis School -v- Boyle. The case involved a school Charity Commission or Inland walk into another job almost teacher who was dismissed after Revenue and, in exceptional immediately after the dismissal. making a complaint of bullying circumstances, can be made to and highlighting a teacher s the media. If the employee is It is important that your Charity false claim to have qualifications subject to a detriment or has put in place appropriate he did not possess. dismissal by reason of having procedures, including identifying made a protected disclosure a senior member of management The Public Interest Disclosure they are entitled to bring a claim to whom any disclosure should Act 1998 protects an employee in the Employment Tribunal. be made, seeking to identify who, in good faith, makes a potential whistle blowing cases disclosure of a past, present or The one year rule does not and to handle them appropriately. likely criminal offence, failure to apply and the usual cap on comply with a legal obligation or unfair dismissal compensation is Even where the employee may You re fired! raises any issues that is likely to removed. Following recent cases be viewed as a trouble maker or amount to a danger to health which confirm that where the allegations are The Court of Appeal has and safety or cause damage to compensation can now be considered to be baseless or a recently held that it is the environment. awarded for injury to feeling simple misunderstanding, the permissible for an Employment Boyle was awarded Ł35,000 in disclosure is protected unless it Tribunal to make an award Such a disclosure must be made circumstances where he had is actually made in bad faith, of damages for distress, to the employer or to a suffered very little loss of which may be very difficult for humiliation, damage to prescribed person, including the earnings having been able to an employer to prove. reputation or family life or psychiatric injury, effectively Clean up your computer campaign opening the way for claims arising from the manner of CAFOD - Catholic Agency For Overseas Development - has evidence of workers in countries such as China dismissal in unfair dismissal and Mexico suffering from excessive working hours, low pay, discrimination and harassment in factories. cases. This decision marks a change from the current view Encouraged by CAFOD at campaign@cafod.org.uk to Packard into ensuring that your that has been applied for campaigners, three leading obtain campaign postcards to computer has been made in almost 30 years. manufacturers of computers; lobby Dell, IBM and Hewlett safe and humane conditions. Dell, IBM and Hewlett Packard, This does not shift the current are taking steps to improve cap that applied to the working conditions in developing compensation awarded in unfair countries. dismissal cases, which is currently at Ł55,000, but However, none of the reinforces what should already companies ensure all workers be good employment practice of who make parts for the ensuring that staff are clear computers have the right to join about the circumstances in a trade union. This has been which the disciplinary procedure proven to be essential for real will be applied, what that and lasting improvements in procedure is and that it is factory conditions. applied in a consistent and fair manner. As the trade union bank Unity is supporting the Clean up your Dunnachie v Kingston Upon computer campaign. To add Hull City Council [2004] EWCA your support, please contact C iv 84-11 February 2004. CAFOD on 020 7326 5692 or Social Enterprise Controlling asbestos Regulations brought into effect from the 21 May 2004, mean that Lending to social enterprise sectors employers now have a new legal duty to manage asbestos in non- domestic premises. Following on from recommendations made in the Bank of England Report and at the Finance and Funding Working Groups The Control of Asbestos at and what condition the asbestos that the Social Enterprise Unit hosted in Summer 2003; the Work Regulations applies to all is in, assess the risk, and make Small Business Service commissioned the production of a report persons who control, manage, a plan to manage the risk. If illustrating some of the ways in which banks and Community own, occupy or have the duty holder does not comply Development Finance Institutions have provided loan finance to responsibility for maintaining with the Regulations it is a the social enterprise sector. and repairing all or part of a criminal offence. property - the duty holder under This report Lending to the social enterprises seeking the Regulations. The Health and Safety social enterprise sector has commercial sources of capital. Executive has published just been published and the Duty holders are obliged to Compliance Support materials used have been made To see a copy of the report or effectively undertake an Information, which can be available to the Social Enterprise for further information, please asbestos survey to find out if obtained from Coalition, who is completing a visit www.dti.gov.uk/ their building contains asbestos www.hsc.gov.uk/asbestos/index.htf Guide to Finance aimed at socialenterprise/finance_1.html Oxfam launches coffee bars Social enterprise - so misunderstood Oxfam, which through its trading arm was one of the founder There is a great interest among voluntary and community sector shareholders of Cafdirect, has decided to follow Cafdirect organisations who wish to become more self-sustaining by forming into the fairtrade coffee bar market. social enterprises. The new coffee bar chain called UK by 2007. They will be This is the conclusion from a The report believes that voluntary Progreso sells fairtrade coffee. looking to raise funds from report from the Charities Aid organisations need to undergo It will aim not only to pay investors for this venture. Foundation. Funding bodies, a cultural change to become fairtrade prices to co-operatives however, are sceptical of these business-like if they are in Honduras, Ethiopia and Cafdirect s Ł5 million share organisations which seem to be establishing a social enterprise. Indonesia but producers will also issue was oversubscribed at a hybrid of the public, private It recommends that social obtain a stake in the business the end of the share offer in and non-profit sectors. enterprises establish better and share of profits. May. performance measures by way of Social enterprises require what a social audit to prove the social Oxfam aims to have three For further information visit is known as patient risk and economic gains which occur. fairtrade coffee bars by the end www.oxfam.org.uk capital. Grant funders find it of 2004 and 20 throughout the (FT 14.05.04). difficult to take this on board; Social Enterprise in the Balance on the other hand, private is available from Charities Aid business funding is not available Foundation on 01732 520 000. either. (Regeneration & Renewal 3.04.04). Measuring a wider value Whilst the Charities Aid Foundation is calling for measurements of wider value in social enterprises, the New Economics Foundation has developed a study and tool kit to try and capture the full range of non-economic returns. The tool kit aims to provide a benefits to local economies. fuller picture of the social and This might also assist social environmental impacts of an enterprises with grant funders. investment in a social enterprise. The New Economics Foundation Further information on Social Data Protection believes that the social return Return on Investment: Valuing on investment measures could What Matters is available from help fuel local procurement www.neweconomics.org/ Duties and church magazines spending by demonstrating the publications The recent case of Durant -v- Financial Services Authority has given substantial guidance on the duties of the Data Controller Social Investment when faced with a subject access request. In particular a narrow definition mention of the data subject. It Ethical business angels has been given to personal data is difficult to see that any so that it is only information standard alphabetical filing The UK Social Investment Forum has funded a project led by which affects the data subject s system would be caught on this SUSTEN8 to establish an ethical business angel network. privacy or has the data subject narrow interpretation. as its focus which is relevant. It The first ethical business angel industry sectors such as organic is not enough simply that the The following gives examples of network, the Renewable Energy food companies, fairtrade data subject is named, or as in personal data: Investment Club, advised by companies and social the Durant case, had made a " Information about medical Wrigleys, was established in enterprises. complaint concerning the history of an individual 2001. The UK Social actions of his bank. " Salary details Investment Forum wishes to For further information on " Individual tax liabilities move towards an ethical the project contact Charlie The case also gave a very " Individual bank statements business angel network which O Malley at SUSTEN8 at restricted definition to the " Individual spending encompasses a wider range of Charlie@ susten8.com meaning of a relevant filing preferences system under which manual Proposed social banking foundation data is caught by the disclosure The European Court of Justice requirements. The manual filing has also upheld a fine made by Several organisations are now looking to persuade banks to release system must be broadly the Swedish courts on a Church their dormant accounts for charitable purposes. Whilst the Balance equivalent to computerised Worker who published her local Foundation has been making the running in the press to establish a systems and again it is the parish magazine on a personal broad based charitable fund, the proposed Social Banking accessibility of personal data website. The pages included Foundation is designed to distribute resources across a wide range that is significant not just any contact details of parish workers of social banking activities, including a proposed community bank who had not consented. network, post office facilities, promoting ATM s, credit union support, community finance and micro credit initiatives, including debt advice. Uploading the information amounted to processing The campaign for community a logic in the application of under Data Protection banking services first made this dormant account balances to Legislation and it made no proposal in 2001 when it make amends for the failures difference that the processing suggested there should be a and imperfections in the had been for non-commercial levy on all holders of banking regulated banking system. purposes and the exception for licences to compensate society personal or household for the economic privileges For further information see processing did not apply. authorisation bestows. There is www.communitybanking.org.uk Earning commission Disability Discrimination Act - effect on property Many charities have entered into arrangements with banks, insurance companies and mortgage companies where they obtain a Duty will apply to service providers occupying premises to which the commission on the referral. public has access and to investment property consisting of a building in more than one occupation where control of the common With the advent of mortgage providing information about a parts is retained and services are provided to occupying tenants. regulation on the 1 October mortgage product or financial 2004 and insurance regulation services product available to a What a service provider has to reasonable alternative method on the 1 January 2005, person should be regulated. do is based on the concept of of making the service. arrangements where a charity reasonableness. There must be introduces a supporter or client There have been exemptions for a physical feature of the The Disability Rights to a mortgage provider or certain types of activities from premises which makes it difficult Commission has advised that if insurance company for advice which charities have benefited for a disabled person to use the a service provider is unable to may become a regulated activity. in the past, however, until a new relevant services. Once this is carry out work required, then Financial Promotions Order is established, the duty is to take they would have to justify the HM Treasury has been issued, it will not be clear as to such steps as it is reasonable in reason. It is likely that this will consulting on amendments to whether charities will benefit the circumstances in order to be a very active field of litigation the financial promotions order from an exemption or not. For remove the feature, alter it, from the 1 October 2004. For which sets out the rules information please contact provide a reasonable means of further information contact pursuant to which any person Malcolm Lynch. avoiding it, or providing a Chris Billington at Wrigleys. Environment Companies Second-hand wind European company With the growth in size of wind turbines over the last 15 years, a From the 8 October 2004, Companies House should be number of wind farms established in the early 1990 s are accepting the registration of a new type of company that can updating their well maintained older machines with new more operate on a Europe-wide basis. powerful machines. At the moment it is necessary to significantly reduce the costs of This has created a new business register as a branch company or its formation. Importantly, if an in second-hand smaller wind set up a new company in other SE is established, it needs to turbine machines. Wind member states . The company make arrangements for turbines generally have a life of will be known by its Latin name consultation with employees on 25 years and a well maintained of Societas Europaea and the long-term decisions of the SE. 10 year old wind turbine may be letters SE preceding or Such provisions are similar to good for a further 15 years. following the company name. the Works Council provisions A smaller wind turbine may be which are being introduced into more acceptable on first The company needs to be UK companies from the 1 April application for planning operating in at least two 2005. permission. A 150-200 KW member states and will be machine may cost in the region formed by a merger of two or The EU has approved similar of Ł14,000. Wind Brokers, a more existing companies from legislation for co-operative Dutch company who specialise at least two member states. organisations which need to be in selling second-hand implemented in UK law by 18 machines, expects to sell eight The minimum capital August 2006. to the UK in 2004. requirement has been set at (Law Society Gazette 19.02.04) (Wind Power Monthly May 2004). Ź 120,000 (approximately Ł80,000). The SE can be registered at Companies House Council property management in Cardiff. Councils are to be given the power to take over the management of Transformation of an existing empty homes of private owners which have remained empty for a company and subsidiary will not long time. Councils will be able to use this power if a property has create a new legal entity, nor been empty for about six months or more under amendments tabled will it result in the winding up of in the 2004 Housing Bill. the company. This will The owners would retain legal ownership and be entitled to Social Economy Newsletter surplus rental income generated by the Council. It would be If you have a colleague who you feel would benefit from the useful to have a reciprocal news and developments covered in the Social Economy power for housing associations Newsletter, please email their details to us@unitygroup.co.uk to take over a Council property or call Unity s Marketing team on 0121 616 4146 to add them which is left empty. That would to the free subscription list. be too radical to expect. (FT 28 May 2004). If you require legal advice on Charity and Social Economy law, please contact Malcolm Lynch at Wrigleys Solicitors, 19 Cookridge Street, Leeds LS2 3AG Tel 0113 204 5724 Fax 0113 244 6101 www.wrigleys.co.uk Unity Trust Bank, Nine Brindleyplace, Birmingham B1 2HB Tel 0121 616 4146 Fax 0121 616 4303 www.unity.uk.com Subscriptions and enquiries line 0113 204 5724 Wrigleys Solicitors 2004. All rights reserved.