Newsletter - December 2009
LawWorks for Community Groups
Welcome to the LawWorks for Community Groups newsletter featuring legal articles which may be of interest to small charities, community groups and social enterprises who have contacted us in the past. We aim to keep you updated on key legal developments affecting the charitable sector so that you can apply them to your own groups and obtain more legal knowledge. We hope you find the newsletter useful and interesting – please let us know if you have any feedback or suggestions!
Don't forget to have a look at our fact sheets for useful information on various areas of law. New this month is a fact sheet summarising the recent changes to Company law after the implementation of sections of the Companies Act 2006 in October. If you'd like to see a particular fact sheet in future, please just let us know and we will try to get one drafted.
Wishing you all a great Christmas and New Year 2010 from everyone at LawWorks!
Best wishes,
Ruth Thompson (Newsletter Editor)
In this issue:
Free answers to brief legal questions: LawWorks Initial Electronic Advice
Legal advice for the voluntary sector Q&As from the Guardian
Online library of Compact resources launched
Free NCVO-Navca procurement guide clarifies commissioning process
New model constitution for charities with income under £5,000
Volunteers not protected by disability discrimination law
First session for Volunteer Rights Inquiry
Updated advice on charity lotteries
Plain English guide to data protection
Free answers to brief legal questions: LawWorks Initial Electronic Advice
Initial Electronic Advice is an automated, web-based system, which allows us to submit a short legal query and have this answered by a lawyer via email. We operate the scheme in partnership with advice agencies and voluntary sector umbrella bodies. Currently, our partner organisations have pages on their websites advertising the service and allowing members to submit questions which are sent directly to LawWorks. However, we have now set up a page on our own website which allows organisations to register and submit questions, removing the need for our partner organisations to spend time and money constructing pages on their own websites. Not for profit organisations and advice agencies can now register on the site on their own behalf and submit questions for entry into the system.
The main legal areas we cover are: advertising, banking, building and construction, charity, clinical negligence, commercial, company, competition, construction, consumer, consumer credit, contract, corporate, crime, debt, education, employment, energy, environment, EU, family, health and safety, housing, immigration, insolvency, insurance, intellectual property, IT, landlord and tenant, mental health, mortgages, data protection, finance, insurance, pensions, personal injury, planning, property, public law, small claims, tax, telecoms, trust, welfare, wills and probate.
If you would like to register to submit questions, please see www.lawworksiea.org.uk, where you can also see more information on the service itself.
Legal advice for the voluntary sector Q&As from the Guardian
The Guardian is running a useful series of articles giving legal advice to the voluntary sector on various issues. Their latest are on setting up a charity, setting up a CIC and trading as a charity. Links below:
Online library of Compact resources launched
John Plummer, Third Sector Online, 4 November 2009
An online library containing research papers and documents associated with the Compact is scheduled to open today.
Known as the Compact Knowledge Bank , it includes examples of local Compact agreements, policy briefings, research, guidance and publications.
The information has been submitted by organisations including the Commission for the Compact, the Office of the Third Sector and Compact Voice, which represents the voluntary sector's perspective on the Compact.
Free NCVO-Navca procurement guide clarifies commissioning process
Paul Jarvis, Third Sector Online, 30 October 2009
Help for charities to understand law of public sector contracting.
A guide to commissioning and procurement law for third sector organisations was jointly published by the NCVO and Navca today.
Pathways through the Maze – a Guide to Procurement Law, written by Anthony Collins Solicitors, aims to help voluntary groups understand the legal and practical issues of public sector contracting. It is free to download from the NCVO and Navca websites.
The guide is written specifically for people working for local charities, voluntary organisations, community groups or social enterprises.
New model constitution for charities with income under £5,000
VolResource, 5 November 2009
A simplified model constitution has been produced for small charities which have an annual income under five thousand pounds (England and Wales), and is only 700 words long. It is not meant for charities that own a building, employ people or intend to register with the Charity Commission. Piloted in Wales and drawn up with help of nine sector support organisations, it is officially published by the Charity Commission here.
Volunteers not protected by disability discrimination law
VolResource, 5 November 2009
An Employment Appeal Tribunal has ruled that volunteers are not protected by the Disability Discrimination Act, as they are not covered by the term "occupation". While the legal concept of employment is well established, this case brought by a volunteer adviser for Mid Sussex Citizens Advice Bureau was the first test of the scope of "occupation". The solicitor representing the CAB, from Bates Wells Braithwaite, said the outcome was in line with previous decisions that maintained that laws designed to protect employees did not apply equally to volunteers.
Charity Finance news alert here.
First session for Volunteer Rights Inquiry
VolResource 26 November 2009
The Volunteer Rights Inquiry set up by Volunteering England met for the first time yesterday (25th November). The inquiry is "a short, focused exploration of the issues and potential solutions around the subject of volunteer rights" including the options for redress when things go wrong. How to submit evidence will be announced in December, with evidence gathering sessions in early 2010 in London, the Midlands and Manchester.
Updated advice on charity lotteries
VolResource, 12 November 2009 (originally Third Sector)
The Gambling Commission has published further advice for fundraisers using lotteries to raise money for good causes. 'Running a Lottery' explains the various types, with 'Promoting society and local authority lotteries' giving details on applying for a licence or registering with the local authority, and 'Organising small lotteries' providing advice on lotteries that do not require a licence or registration.
Plain English guide to data protection
VolResource, 3 December 2009
A guide to data protection law accredited by the Plain Language Commission has been published by official regulator the Information Commissioner's Office. 'The Guide to Data Protection' gives practical advice to those with day-to-day responsibility for data protection, taking a straightforward look at the principles of the Data Protection Act and helping organisations safeguard personal data.
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