UPDATED INFORMATION FOR CHAPTER 6:
VOLUNTARY SECTOR LEGAL HANDBOOK
This page contains information that has appeared on Sandy Adirondack's legal update website for voluntary organisations at www.sandy-a.co.uk/legal.htm. For current updates, including potential changes that are in the pipeline, see the legal update website.
These websites for each chapter update
the 2nd edition of The Voluntary Sector Legal Handbook by Sandy Adirondack and James Sinclair Taylor (Directory of Social Change, 2001). The websites are not intended as a comprehensive update and should not be treated as such.
To order a copy of The Voluntary Sector Legal Handbook, print out the order form at www.sandy-a.co.uk/bookserv.htm or send an email order by clicking
. It costs £50 for voluntary organisations or £80 for others, plus 10% p&p. We expect the third edition to be published in 2007.
The information here covers the law applicable to England and Wales. It may not apply in Northern Ireland and/or Scotland. These news items are not a full or definitive statement of the law and are not intended as a substitute for professional legal advice. No responsibility for loss occasioned as a result of any person acting or refraining from acting can be taken by the author.
Chapter 6
SETTING UP AN ORGANISATION
CHANGES IN COMPANIES HOUSE FEES
Added 26/10/05. This information updates ss.6.3.6, 6.3.7, 8.7.1 and 50.3.8 in The Voluntary Sector Legal Handbook 2nd edition.
From 1 February 2005 the annual fee when filing a company annual return went up from £15 to £30 if it is filed on paper, but is £15 if the return is filed electronically. The fee for registering a company is reduced to £15 if the incorporation is done electronically; paper incorporations remain £20. The fee for same-day incorporation is reduced from £80 to £50 if done on paper, or £30 if done electronically. The fee for same-day change of name is reduced from £80 to £50.
The full list of fees is on the Companies House website at www.companieshouse.gov.uk. The Companies (Fees) Regulations 2004 are at www.opsi.gov.uk/si/si2004/20042621.htm.
COMPANIES ACT 2006 CHANGES
For changes relating to company formation in the Companies Act 2006, see www.sandy-a.co.uk/vslh/02incorp.htm.
PLAYSCHEME REGISTRATION
Added 25/3/03. This information adds to s.6.5.5 in The Voluntary Sector Legal Handbook 2nd edition.
Playschemes operating for two hours or more per day, or for more than five days in any year, must register with Ofsted. The Ofsted helpline is on 0845-601 7771, and information is also available from local Early Years Development and Childcare Partnerships (phone numbers from Childcare Link on 08000-960206).
REGISTRATION OF CHILDCARE PROVIDERS
Added 19/9/08. This information is included in s.41.3.1 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
From 1 September 2008 Ofsted has introduced new registers for providers of childcare. Unless exempt, providers of childminding or daycare for children in the early years foundation stage, from birth until 31 August following their fifth birthday, must register on the early years register. Providers of childminding and daycare for children older the the EYFS stage but under eight must be on the compulsory part of the general childcare register (also just called the childcare register). Providers who provide care for children in both age groups must be on both registers.
There are a number of exemptions from the obligation to register, including:
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some nannies, childminders and babysitters;
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temporary childcare such as a crèche or playscheme that is provided for two hours or less per day;
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temporary childcare that is provided for four hours or less per day, is offered on a day to day basis with no longer term commitment to clients, is available only for clients who intend to remain on the premises or in the immediate vicinity, is held on the premises for no more than 14 days in a year, and is notified in writing to Ofsted at least 14 days before the first day it is offered;
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some, but not all, activity-based provision (school study support or homework support, sport, performing arts, arts and crafts, and religious, cultural or language study) for children who are at least three years old;
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open access childcare (but not childminding) where a child who is older than the EYFS limit is allowed to leave the premises unaccompanied;
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provision for children under three at maintained, special and independent schools, if the child will turn three before the end of their first term at the school.
The Childcare (Exemption from Registration) Order 2008 is at www.opsi.gov.uk/si/si2008/uksi_20080979_en_1.
A booklet Registration of childcare providers from September 2008 is available from Ofsted via tinyurl.com/4b8cxe.
PROVIDING INSURANCE
Updated 29/1/06. This information adds to s.6.5.5 in The Voluntary Sector Legal Handbook 2nd edition.
Organisations which provide general insurance (for example buildings and contents insurances, travel insurance, accident insurance, cover for pets) are subject to new rules from 14 January 2005. Only firms which have been authorised by the Financial Services Authority can sell insurance, and insurers are required by law to provide certain information to purchasers of policies and to comply with the Insurance Conduct of Business (ICOB) rules. Further information is available from the FSA at www.fsa.gov.uk.
EASIER REGISTRATION AS A CHARITABLE COMPANY
Added 23/1/04. This paragraph updates s.6.6 in The Voluntary Sector Legal Handbook 2nd edition.
A new web-based application pack, launched by the Charity Commission on 7 January 2004, makes it easier and quicker for registered unincorporated charities to become charitable companies. The pack, which is at www.charitycommission.gov.uk/registration/regpack.asp#2, sets out the pros and cons of incorporation and contains advice and guidance for charities wishing to form a charitable company to take over the activities of the unincorporated charity, a tailor-made application form, and checklists. More information about the pros, cons and process of incorporation is in The Voluntary Sector Legal Handbook chapters 2 and 6, and in particular s.6.6.
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