OTHER CHAPTERS
I. SETTING UP AN ORGANISATION
Ch.1: Trusts and 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.37: Equal opportunities in provision of goods & services
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
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 43:
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 43
FOOD AND DRINK
ENTERTAINMENT AND ALCOHOL LICENSING
Updated 26/10/05. Some of this information has been reproduced with permission from the August 2003 issue of Community, published by Community Matters.
The Licensing Act 2003 passes responsibility for alcohol licensing from the magistrates court to local authorities, which are already responsible for public entertainment licensing. It also introduces four new licensing objectives: the prevention of crime and disorder, public safety, the prevention of public nuisance, and the protection of children from harm. The new regime comes into effect on 24 November 2005.
The changes that are most likely to affect voluntary organisations are:This paragraph updates s.42.2 The Voluntary Sector Legal Handbook 2nd edition.
Premises licences replace public entertainment licences and community premises licences. These will be needed in order to hold public entertainment, film shows, indoor sporting events, performances of live or recorded music, dance performances and plays.
These paragraphs update s.43.3 The Voluntary Sector Legal Handbook 2nd edition.
A premises licence can include the sale of alcohol. In this case the applicant has to name a designated premises supervisor who is the holder of a personal licence to supervise the serving of alcohol.
The facility for voluntary organisations to obtain occasional permissions to sell alcohol themselves has been withdrawn. This is replaced with the facility to obtain temporary events notices to sell alcohol, of which a maximum of 12 can be obtained for each premises per year.
Social clubs, industrial and provident societies etc are brought into line with other premises and will require a club premises certificate. This certificate will not require a premises supervisor in order for alcohol to be sold.
This paragraph updates s.45.6.1.3 The Voluntary Sector Legal Handbook 2nd edition.
The provision of bottles of alcohol as prizes in raffles and tombolas will be exempt from the need for a licence, under certain conditions (clause 172).
The Licensing Act 2003 is at www.opsi.gov.uk/acts/acts2003/20030017.htm. The Act is very long so it may be easier to start with the explanatory notes which are at www.opsi.gov.uk/acts/en2003/2003en17.htm. Guidance for local authorities is at www.culture.gov.uk/alcohol_and_entertainment. Information specifically about the impact on voluntary organisations and community groups is available from Community Matters, tel 0870 72 72 373, www.communitymatters.org.uk.
FOOD HYGIENE REGULATIONS
Updated 11/11/06. This information updates s.43.2 in The Voluntary Sector Legal Handbook 2nd edition.
New food hygiene regulations are in effect from 1 January 2006, consolidating existing general, product-specific and temperature control rules. Organisations producing or supplying food on a regular basis--even if they do not charge for it, and probably even if "regular" is only once a week--need to register with the local authority's environmental health department. Those which have not changed their work since registering or their last inspection do not need to re-register, but will be re-assessed as part of their next inspection.
Food safety procedures based on HACCP principles--hazard analysis critical control points--will need to be implemented.
Information is available from the Food Standards Agency at www.food.gov.uk/foodindustry/regulation/hygleg, and a code of practice and practice guidance are at www.food.gov.uk/enforcement/foodlaw/foodlawcop/copengland.
Guidance published by the European Commission says, "Operations such as the occasional handling, preparation, storage and serving of food by private individuals at events such as church, school or village fairs are not covered by the scope of the Regulation", and the FSA's draft guidance on the regulations stated that they would not cover activities such as the occasional preparation of food by individuals or groups for gatherings or for sale at charitable events. But this is not in the FSA's final guidance, and organisations should consult their local environmental health department to confirm whether registration is required. As the FSA said in a letter to a voluntary organisation, "There is a thin line between those very small, informal operations providing food on a regular basis who may be required to register with the local authority as a food operator, and those organising one-off events who do not."
Even if occasional activities are not covered by the new regulations, they are still subject to the General Food Regulations 2004, which prohibit "the placing of unsafe food on the market".
From 11 January 2006, the Food Hygiene (England) Regulations 2005 which brought in the new rules were revoked and replaced by the Food Hygiene (England) Regulations 2006. These are at www.opsi.gov.uk/si/si2006/20060014.htm. Similar legislation applies in Wales and Scotland.
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Governance and legal training and consultancy
for the voluntary sector
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