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October 2014

The topics covered in this issue are:

Campaigning & the Lobbying Act: Electoral Commission amendments guidance
Non-delegable duties - who is responsible if something goes wrong?
Client confidentiality clauses in settlement agreements
Happy City: the Charity Commission recognises happiness as a charitable purpose
St Mungo's Broadway merger - biggest charity merger of 2013/2014
Russell-Cooke's debate on the public's perception of the charity sector

In this issue we also give details of upcoming events and latest news. All details and materials are available on our website - www.russell-cooke.co.uk - together with an archive of past legal updates

 

Campaigning & the Lobbying Act: Electoral Commission amendments guidance

In response to concerns raised by the charity sector, the Electoral Commission has recently amended its guidance notes on the rules relating to non-party campaigning that were introduced by the Lobbying Act.

The amendments do not alleviate all uncertainty surrounding the law and the Electoral Commission’s initial guidance, but they do clarify the importance of the ‘intention’ to influence voters when determining if a campaign is a ‘regulated campaign activity’. Given that we have now entered the regulated period for the General Election 2015, the amendments came at a crucial time, as charities will want to ensure they register with the Electoral Commission if they find their campaigns are classified as regulated campaign activity, so that they do not face sanctions for failing to do so.

Click here to read the full article. For further information, please contact:

Andrew Studd +44 (0)20 8394 6414 / Andrew.Studd@russell-cooke.co.uk

Victoria Slater +44 (0)20 8394 6464 / Victoria.Slater@russell-cooke.co.uk

 

Non-delegable duties - who is responsible if something goes wrong?

If your charity takes on work from a local authority relating to service provision to a vulnerable person, have you considered who is liable if something goes wrong? Under certain circumstances, a local authority will have a duty to the vulnerable person that they cannot delegate (a “non-delegable duty”).

This update explains when such a duty will arise and what impact it will have on the legal relationship between the local authority and the charity.

Click here to read the full article. For further information, please contact:

David Mears +44 (0)20 8394 6484 / David.Mears@russell-cooke.co.uk

 

Client confidentiality clauses in settlement agreements

Can confidentially provisions in settlement agreements be disapplied for Enhanced Criminal Record Certificate purposes?

The recent case of C v T Borough Council (2014) EWHC 2482 (QB) established that the provisions of a settlement agreement in which an employer agreed to provide a reference, had not been breached by the employer providing additional information to the police.

This has an impact on the way in which settlement agreements should ideally be drafted.

Click here to read the full article. For further information, please contact:

Jane Klauber +44 (0)20 8394 6483 / Jane.Klauber@russell-cooke.co.uk

 

Happy City: the Charity Commission recognises happiness as a charitable purpose

Well not as such. However Happy City, a charity operating in Bristol which sees happiness as a link or core driver to a range of other public benefit outcomes, has obtained the Charity Commission’s consent to expand its objects to cover a broad range of activities so that it can undertake its work through a charity rather than through a community interest company.

Click here to read the full article. For further information, please contact:

James Sinclair Taylor +44 (0)20 8394 6480 / James.Taylor@russell-cooke.co.uk

 

St Mungo's Broadway merger - biggest charity merger of 2013/2014

Russell-Cooke's charity and social business team advised St Mungo Community Housing Association on its merger with Broadway Homelessness Support, the biggest charity merger of 2013/14.

Click here to the find out more about the merger. For further information, please contact:

Andrew Studd +44 (0)20 8394 6414 / Andrew.Studd@russell-cooke.co.uk

David Mears +44 (0)20 8394 6484 / David.Mears@russell-cooke.co.uk

James Sinclair Taylor +44 (0)20 8394 6480 / James.Taylor@russell-cooke.co.uk

 

Russell-Cooke's debate on the public's perception of the charity sector

Russell-Cooke’s charity and social business recently held a lively debate on the motion “This house believes that the public does not understand the role of charities or their regulator”.

Hosted at the Southbank Centre, participants included William Shawcross Chair of the Charity Commission, Sir Stuart Etherington Chief Executive of NCVO, Lesley-Anne Alexander CBE, Chief Executive of RNIB and Chair of ACEVO and Joe Saxton founder of nfpSynergy. The debate was chaired by Andrew Studd, partner in the charity and social business team.

It could have been easy to agree with the motion in a mood of defeatism but the impassioned participants all drew out different ways that the sector could continue to tackle any misunderstandings and boost public trust and confidence.

Click here to find out how the debate unfolded and what the participants thought of the motion. For further information, please contact:

Andrew Studd +44 (0)20 8394 6414 / Andrew.Studd@russell-cooke.co.uk

 

Events

Click here to see full details of our seminars. To register your interest for any of our seminars please email: charity.events@russell-cooke.co.uk

 

If you would like to reproduce some or all of our updates in your own publication, contact Kate Slattery on +44 (0)20 8394 6458 or e-mail Kate.Slattery@russell-cooke.co.uk

www.russell-cooke.co.uk / follow us @RCcharityteam

This material does not give a full statement of the law. It is intended for guidance only, and is not a substitute for professional advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be accepted by Russell-Cooke LLP. Russell-Cooke LLP. October 2014

 

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