OTHER CHAPTERS
I. SETTING UP AN ORGANISATION
Ch.1: Trusts & unincorporated associations
Ch.2: Companies & other incorporated structures
Ch.3: Charitable status, charity law & regulation
Ch.4: The objects clause
Ch.5: The governing document
Ch.6: Setting up an organisation
Ch.7: Registering as a charity
Ch.8: The organisation's name
Ch.9: Branches, subsidiaries, partnerships & mergers
II. GOVERNANCE & MEMBERSHIP
Ch.10: Members of the organisation
Ch.11: Members of the governing body
Ch.12: Officers, committees & sub-committees
Ch.13: Duties & powers of the governing body
Ch.14: Restrictions on expenses, remuneration & benefits
III. RUNNING AN ORGANISATION
Ch.15: The registered office and other premises
Ch.16: Paperwork requirements
Ch.17: Meetings & decision making
Ch.18: Legal agreements
Ch.19: Organisational & personal liability
Ch.20: Insurance
Ch.21: Financial difficulties & winding up
IV. EMPLOYEES, WORKERS, VOLUNTEERS & OTHER STAFF
Ch.22: Employees and other workers
Ch.23: Rights, duties & the contract of employment
Ch.24: Model contract of employment
Ch.25: Equal opportunities in employment
Ch.26: Taking on new employees
Ch.27: Pay & pensions
Ch.28: Working time & leave
Ch.29: Disciplinary matters, grievances & whistleblowing
Ch.30: Termination of employment
Ch.31: Redundancy
Ch.32: Employer-employee relations
Ch.33: Employment claims & settlement
Ch.34: Self-employed workers & other contractors
Ch.35: Volunteers
V. SERVICES & ACTIVITIES
Ch.36: Health & safety
Ch.38: Confidentiality, privacy, data protection & freedom of information
Ch.39: Intellectual property
Ch.40: Publications & publicity
Ch.41: Campaigning & political activities
Ch.42: Public gatherings & entertainment
Ch.43: Food & drink
VI. FUNDING & FUNDRAISING
Ch.44: Funding & fundraising: General rules
Ch.45: Fundraising activities
Ch.46: Tax-effective giving
Ch.47: Trading companies
Ch.48: Contracts & service agreements
VII. FINANCE
Ch.49: Financial procedures & records
Ch.50: Annual accounts, reports & returns
Ch.51: Auditors
Ch.52: Corporation tax, income tax & capital gains tax
Ch.53: Value added tax
Ch.54: Investment & reserves
Ch.55: Borrowing
VIII. PROPERTY
Ch.56: Land ownership & tenure
Ch.57: Acquiring & disposing of property
Ch.58: Business leases
Ch.59: Property management & the environment
IX. BACKGROUND TO THE LAW
Ch.60: How the law works
Ch.61: Dispute resolution & litigation
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UPDATED INFORMATION FOR CHAPTER 37:
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 37
EQUAL OPPORTUNITIES IN PROVISION OF GOODS AND SERVICES
RACE EQUALITY
Updated 25/11/05. This information updates ss.25.2 and 37.2 in The Voluntary Sector Legal Handbook 2nd edition.
The Commission for Racial Equality's new code of practice on racial equality in employment, to update the one which came into force in 1984, was published on 24 November 2005 and can be downloaded at www.cre.gov.uk/downloads/employmentcode.pdf. The new code outlines employers' legal obligations under the Race Relations Act and contains general advice on policies needed to safeguard against discrimination and harassment, as well as more detailed recommendations on procedures and practice.
Employment tribunals will take its recommendations into account in any legal proceedings under the Race Relations Act brought on or after 6 April 2006. Until that date, the old code, which is at www.cre.gov.uk/gdpract/employ_cop.html, remains in effect.
The Race Relations Act 1976 (Amendment) Regulations 2003 came into effect on 19 July 2003. They include new definitions of indirect discrimination and harassment, a new genuine occupational requirement provision, changes to the burden of proof, and provisions in relation to post-employment discrimination. In addition to employment, they also cover discrimination in relation to social protection, education, and provision of goods and services. The regulations and explanatory notes are at www.opsi.gov.uk/si/si2003/20031626.htm.
These changes apply at the moment only to race discrimination on the basis of race, ethnic origin and national origin. They do not apply to discrimination on the basis of colour or nationality. This is because UK regulations cannot go beyond what is in the EU directive, and the directive covers only race, ethnic origin and national origin. If the UK wants the new provisions to cover colour and nationality as well, it will have to enact new primary legislation--and it did not leave enough time to do this before 19 July 2003.
Under the Race Relations (Amendment) Act 2000, public authorities and organisations which provide services on their behalf must "have due regard for the need to eliminate unlawful discrimination and promote equality of opportunity and good race relations". This means they must consider the racial equality implications of all relevant activities (including the implications of grant cuts), and take active steps to promote racial equality. Organisations which receive public sector funding or carry out activities in partnership with public bodies are increasingly being required under grant or contract conditions to implement new procedures for recruiting staff and service users, monitoring, etc.
The Commission for Racial Equality code of practice on implementation of the 2000 Act came into effect on 31 May 2002. Information about the Act and the code of practice is available from
www.cre.gov.uk, and on 8 September 2004 the CRE launched a race equality impact assessment website to help public bodies and other organisations implement good practice in promoting race equality. The website is at www.cre.gov.uk/duty/reia/index.html.
GENDER EQUALITY DUTY
Updated 27/2/07. This information updates s.25.2 and 37.4.5 in The Voluntary Sector Legal Handbook 2nd edition.
The Equality Act 2006 will from 6 April 2007 require public authorities to take a more active approach to eliminating sex discrimination and harassment in the exercise of public functions and promoting equality of opportunity between men and women. Although this gender equality duty will not directly apply to voluntary organisations, it is likely to be made a condition of contracts or partnership arrangements with, or grant aid from, public bodies.
The Act is at www.opsi.gov.uk/acts/acts2006/20060003.htm.
Explanatory notes are at www.opsi.gov.uk/acts/en2006/2006en03.htm.
The Sex Discrimination Act 1975 (Public Authorities)(Statutory Duties) Order 2006, listing the bodies covered by the duty, is at www.opsi.gov.uk/si/si2006/20062930.htm.
DISABILITY DISCRIMINATION: SERVICE DELIVERY
Updated 27/2/07; link updated 17/12/07. This information updates s.37.4 in The Voluntary Sector Legal Handbook 2nd edition.
Under Disability Discrimination Act 2005 provisions in effect from 4 December 2006:
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Public bodies have a new positive duty to promote equality of opportunity for disabled people (the disability equality duty) by eliminating discrimination and promoting positive attitudes towards disabled people. This will have a knock-on effect for voluntary organisations funded by or working in partnership with public bodies.
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The DDA has been extended to cover nearly all activities in the public sector, for example issuing licences, rather than just the provision of services.
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Those who manage or let premises have to make reasonable adjustments to their policies and practices for disabled tenants or prospective tenants.
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The exemption for transport has been ended.
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Private clubs with more than 25 members will have to make reasonable adjustments for disabled people.
The DDA 2005 is at www.opsi.gov.uk/acts/acts2005/20050013.htm.
The main regulations that came into effect in December 2005 and December 2006 are at www.opsi.gov.uk/si/si2005/20052901.htm.
The Disability Discrimination (Private Clubs etc) Regulations 2005 are at ww.opsi.gov.uk/si/si2005/20053258.htm.
The Disability Discrimination (Premises) Regulations 2006 are at www.opsi.gov.uk/si/si2006/20060887.htm.
The TUC updated on 9 June 2006 its useful guidance for unions (but also relevant to all employees and employers) about the public sector disability equality duty, at www.tuc.org.uk/equality/tuc-11323-f0.cfm. It includes a summary of the DDA, principles underlying the disability equality duty, and what to include in a disability equality scheme. The June update includes a new chapter on procurement.
The Disability Rights Commission's (now Equality and Human Rights Commission's) practical guide for small businesses and organisations can be accessed via tinyurl.com/252f2j.
DISABILITY DISCRIMINATION: SERVICE DELIVERY
Updated 25/8/06. This information updates s.37.4 in The Voluntary Sector Legal Handbook 2nd edition.
As well as employment, the DDA also covers provision of goods, services and facilities (all referred to here as services). From 5 December 2005:
- Private clubs with 25 or more members can no longer discriminate against disabled members, prospective members or others who have rights to use the club.
- Insurance provided on group terms to an employer's staff is covered as a service under the DDA.
Under DDA 2005 provisions that come into effect from 4 December 2006:
- Public bodies will have a new positive duty to promote equality of opportunity for disabled people (the "disability equality duty"). This is likely to have a knock-on effect for voluntary organisations funded by or working in partnership with public bodies.
- The DDA will be extended to cover nearly all activities in the public sector, for example issuing licences, rather than just the provision of services.
- Those who manage or let premises will have to make reasonable adjustments to their policies and practices for disabled tenants or prospective tenants.
- The exemption for transport will be ended.
The DDA 2005 is at www.opsi.gov.uk/acts/acts2005/20050013.htm.
The main regulations that come into effect in December 2005 and December 2006 are at www.opsi.gov.uk/si/si2005/20052901.htm.
The Disability Discrimination (Private Clubs etc) Regulations 2005 are at ww.opsi.gov.uk/si/si2005/20053258.htm.
The Disability Discrimination (Premises) Regulations 2006 are at www.opsi.gov.uk/si/si2006/20060887.htm.
The TUC updated on 9 June 2006 its useful guidance for unions (but also relevant to all employees and employers) about the public sector disability equality duty, at www.tuc.org.uk/equality/tuc-11323-f0.cfm. It includes a summary of the DDA, principles underlying the disability equality duty, and what to include in a disability equality scheme. The June update includes a new chapter on procurement.
The Disability Rights Commission's revised code of practice on rights of access to services to the public, local authority functions, private clubs and premises was laid before Parliament on 8 June 2006, and will come into effect from 4 December 2006. It is available at www.drc.gov.uk/services_and_transport.aspx (click on code of practice on the right-hand side of the page).
Since 1 October 1999, providers of services have had to:
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Take reasonable steps to change the way services are provided, if existing policies or procedures make it impossible or unreasonably difficult for people with disabilities to use the services;
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Take reasonable steps to provide equipment or support to enable disabled people to use services;
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Where physical barriers stop disabled people from accessing services, take reasonable steps to deliver the services by alternative methods.
The following paragraph updates s.37.4.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 1 October 2004 service providers have to take reasonable steps to alter premises or other physical features that make it impossible or unreasonably difficult for disabled people to use a service. The Disability Discrimination (Providers of Services) (Adjustment of Premises) Regulations 2001 and a new code of practice on rights of access, which came into effect on 27 May 2002, set out circumstances in which it is reasonable or not reasonable for service providers to take such steps. The regulations are at
www.opsi.gov.uk/si/si2001/20013253.htm. For the code of practice click here.
The TUC issued on 25 May 2004 a very straightforward and useful set of factsheets, covering the October 2004 changes, accessibility issues and good practice for various types of disability, and an accessibility checklist with practical suggestions. The factsheets are at www.tuc.org.uk/equality/tuc-8096-f0.cfm.
There is also from 1 May 2004 a new part M to the Building Regulations 2000 (Access and Facilities for Disabled People) which sets out rules for new buildings, and for existing buildings when they are altered or undergo certain changes of use. Detailed guidance is available at www.odpm.gov.uk, and the Building Amendment Regulations 2003 are at www.opsi.gov.uk/si/si2003/20032692.htm.
Guidance for service providers is at at www.drc.org.uk/employers_and_service_provider.aspx.
ACCESSIBILITY FOR DISABLED PEOPLE
Updated 8/11/05. This information updates s.37.4.3 in The Voluntary Sector Legal Handbook 2nd edition.
Although intended for countryside managers, an October 2005 publication from the Countryside Agency is appropriate for all organisations that have open spaces or provide outdoor activities. For By all reasonable means: Inclusive access to the outdoors for disabled people click here.
Organising Accessible Events, published by the Disability Rights Commission on 1 December 2004 advises conference and event organisers on how to ensure events are accessible to disabled people. The booklet is free from the DRC on 08457 622633 or by going to www.drc-gb.org/publicationsandreports/pubsaccess.asp then to SP13 Organising accessible events.
RELIGION OR OTHER BELIEF: DEFINITION
Updated 12/4/07. This information updates s.25.8 & 37.5.1 in The Voluntary Sector Legal Handbook 2nd edition.
The Equality Act 2006 s.44 amends, from 30 April 2007, the definition of "religion or belief".
Under the Employment Equality (Religion or Belief) Regulations 2003, religion or belief is defined as "any religion, religious belief, or similar philosophical belief", and the explanatory notes to the regulations explicitly state that this does not include philosophical or political beliefs unless they are similar to a religious belief. However, s.44 of the Equality Act does not include the word "similar", and the notes to the Act do not include anything suggesting that the definition would not apply to political beliefs, vegetarianism, or any other belief.
The Equality Act also explicitly states that the definition of religion or belief includes a lack of religion or belief.
The Equality Act 2006 is at www.opsi.gov.uk/acts/acts2006/20060003.htm.
Explanatory notes are at www.opsi.gov.uk/acts/en2006/2006en03.htm.
RELIGION OR OTHER BELIEF: SERVICE DELIVERY
Updated 12/4/07. This information updates s.37.5.1 in The Voluntary Sector Legal Handbook 2nd edition.
The Equality Act 2006 includes provisions in ss.46-72 outlawing discrimination on the basis of religion or belief in the supply of goods, facilities, services, education and premises from 30 April 2007.
The Act includes exceptions for faith-based schools, to enable them to select pupils on the basis of faith, and for faith-based charities and other organisations, to enable them to discriminate in favour of that faith in the provision of services. It will be lawful for any organisation, even if not faith-based, to meet special needs for education, training or welfare of persons of a religion or belief.
The Equality Act 2006 is at www.opsi.gov.uk/acts/acts2006/20060003.htm.
Explanatory notes are at www.opsi.gov.uk/acts/en2006/2006en03.htm.
SEXUAL ORIENTATION: SERVICE DELIVERY
Updated 28/3/08. This information updates s.37.5.3 in The Voluntary Sector Legal Handbook 2nd edition.
Regulations prohibiting discrimination and harassment on the basis of sexual orientation in the provision of goods, services, facilities, education and premises came into effect in Northern Ireland on 1 January 2007 and the rest of the UK on 30 April 2007.
Under the sexual orientation regulations is not unlawful for charities set up for people of a specific sexual orientation to provide services only to that group, and any provider can offer persons of a particular sexual orientation access to goods, facilities or services to meet their specific educational or welfare needs.
The regulations include exceptions for religious organisations carrying out purely faith-based activities, such as weddings and religious training, or "to avoid conflicting with the strongly held religious convictions of a significant number of the religion's followers". It remains to be seen how this will be interpreted by the courts. But discrimination is not allowed for services provided by a religious body under a contract with a public authority. Faith-based voluntary adoption and fostering agencies have until 31 December 2008 to comply.
The Equality Act (Sexual Orientation) Regulations 2007 are at www.opsi.gov.uk/si/si2007/20071263.htm.
Guidance issued by the Department for Communities and Local Guidance in April 2007 is available via tinyurl.com/ytp7mb.
SECTION 28 REPEALED
Updated 17/11/03. This information deletes part of s.37.5.3 and all of s.40.2.5.1 in The Voluntary Sector Legal Handbook 2nd edition.
Under s.122 of the Local Government Act 2003, s.28 of the Local Government Act 1988 is repealed from 18 November 2003. This prohibited local authorities from "intentionally promoting homosexuality", and prohibited maintained schools from promoting the "acceptability of homosexuality as a 'pretend family relationship'."
And about time too.
RELIGION AND OTHER BELIEF: SERVICE DELIVERY
Updated 15/6/05. This information updates s.37.5.1 in The Voluntary Sector Legal Handbook 2nd edition.
The government's Equality Bill includes provisions in Part 2 outlawing discrimination on the basis of religion or belief in the supply of goods, facilities, services and premises. There are exceptions for faith-based schools, to enable them to select pupils on the basis of faith, and for faith-based charities and other organisations, to enable them to discriminate in favour of that faith in the provision of services. It will be lawful for any organisation, even if not faith-based, to meet special needs for education, training or welfare of persons of a religion or belief.
To monitor the Equality Bill go to www.parliament.the-stationery-office.co.uk/pa/pabills.htm#e.
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