UPDATED INFORMATION FOR CHAPTER 59:
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 59
PROPERTY MANAGEMENT AND THE ENVIRONMENT
NEW PROPERTY ADVICE SERVICES
Added 19/7/06. This information adds to chapters 56-59 in The Voluntary Sector Legal Handbook 2nd edition.
Two new services are offering advice on property issues to charities and other voluntary organisations. The website of the Ethical Property Foundation, charitable arm of the Ethical Property Company, provides information about finding an office, negotiating a lease, moving in, managing and "greening" the office, and moving out. It also runs a network of solicitors, surveyors and space planners who provide free or affordable advice to London-based organisations. Their website is at www.ethicalproperty.org.uk/advice.php.
Property Advice for London, run by CIC London (the Construction Industry Council) and RICS (the Royal Institution of Chartered Surveyors) matches surveyors, architects, engineers and other property-related consultants with charities. Topics covered include refurbishments, leasing, relocation, service charges and much more. Further information is at www.cic.org.uk/london/RegistrationForm.pdf.
NEW RATE RELIEFS
Added 5/10/03. This information updates s.59.2 in The Voluntary Sector Legal Handbook 2nd edition.
Under provisions introduced in the Local Government Act 2003 a small business rate relief scheme will benefit businesses (including voluntary organisations which do not get rate relief) that occupy a single property with a rateable value of less than £8,000. Those facing substantial increases in their bills as a result of the five-yearly revaluation of business properties will have increases phased in over a number of years. The effects of revaluation will now be made public six months before the revaluation takes effect, thus allowing organisations to plan ahead for the increase.
The Act also introduced 80% mandatory rate relief for community amateur sports clubs (CASCs), with the local authority able to give discretionary rate relief for the other 20%. Sports clubs which are not eligible for mandatory rate relief remain eligible for up to 100% discretionary relief.
These provisions are in ss.61 and 64 of the Act, which is at www.opsi.gov.uk/acts/acts2003/20030026.htm.
GUIDANCE ON WORKING FROM HOME
Added 2/9/03. This information updates s.59.8 in The Voluntary Sector Legal Handbook 2nd edition.
Telework guidance, published on 2 September 2003 by the DTI, sets out guidance in relation to employment conditions, data protection, privacy, equipment, health and safety, organisation of work, training, taxation and collective rights issues for employees who work at home. Although intended primarily for teleworkers (employees using IT to help them work away from the traditional office environment), the vast majority is applicable to all employees who work from home whether on a regular or occasional basis. The guidance can be downloaded from www.dti.gov.uk/er/individual/telework.pdf.
DISPOSING OF HAZARDOUS WASTE
Added 19/7/06. This information updates s.59.10.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 16 July 2005 any organisation that produces more than 200kg of "hazardous waste" in any 12-month period must register with the Environment Agency. All organisations, even those which do not have to register, must keep records of hazardous waste. Under the Hazardous Waste Regulations 118 new types of hazardous waste are defined, including fluorescent tubes, computer monitors, televisions and lead batteries (200kg equals approximately 10 small TVs or monitors, or 500 fluorescent tubes).
The Hazardous Waste (England and Wales) Regulations 2005 are at www.opsi.gov.uk/si/si2005/20050894.htm.
Further information is available from the Environment Agency at www.environment-agency.gov.uk/subjects/waste/1019330/?lang=_e#, and Envirowise at www.envirowise.gov.uk/.
DISPOSING OF ELECTRICAL AND ELECTRONIC EQUIPMENT
Added 26/7/06. This information updates s.59.10.4 in The Voluntary Sector Legal Handbook 2nd edition.
The Waste Electrical and Electronic Equipment Directive (WEEE) was supposed to be implemented in the UK by 13 August 2004--and on 25 July 2006, the DTI announced a consultation leading up to implementation on 1 July 2007. WEEE will apply to computers, monitors, printers, mobile phones and similar equipment, as well as household products. Producers will be required to finance the collection, treatment and recovery of waste electrical equipment, and distributors (including charities that pass on computers to other organisations or individuals) will have to allow customers to return their waste equipment free of charge. This will be done through a national distributor takeback scheme, with a network of designated collection facilities where consumers can return their used items for recycling or re-use.
Up-to-date information is on the DTI website at www.dti.gov.uk/innovation/sustainability/weee/page30269.html.
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