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.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
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
IX. BACKGROUND TO THE LAW
Ch.60: How the law works
Ch.61: Dispute resolution & litigation
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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.
CHANGES IN RATE RELIEF FOR EMPTY PROPERTY
Updated 1/4/09. This information is included in s.62.2.3 in The Russell-Cooke Voluntary Sector Legal Handbook (VSLH3).
Under the rules on rate relief for empty non-domestic properties in England, office and retail premises are eligible for full rate relief for the first three months of becoming vacant, and industrial and warehouse premises and listed buildings for the first six months. Thereafter full rates are payable. However from 1 April 2009, empty property with rateable value below £15,000 is exempt from rates. Prior to this date, only empty property with rateable value below £2,200 was exempt.
Properties where occupation is prevented by law or by a public authority is exempt from rates. Empty property owned by charities and community amateur sports clubs is eligible for 100% rate relief, so long as it appears that it will next be used wholly or mainly for charitable purposes or the purposes of the club. However, property held by a charity as an investment is subject to the same rules as non-charity property.
The Non-Domestic Rating (Unoccupied Property) (England) Regulations 2009 are at www.opsi.gov.uk/si/si2009/uksi_20090353_en_1.
CHANGES IN RATE RELIEF FOR EMPTY PROPERTY
Added 5/4/08. This information updates s.59.2.3 in The Voluntary Sector Legal Handbook 2nd edition.
From 6 April 2008 the rules on rate relief for empty non-domestic properties are tightened. Office and retail premises are eligible for full rate relief for the first three months of becoming vacant, and industrial and warehouse premises and listed buildings for the first six months. Thereafter full rates are payable.
Empty property with rateable value below £2,200 or properties where occupation is prevented by law or by a public authority is exempt from rates. Empty property owned by charities and community amateur sports clubs is eligible for 100% rate relief, so long as it appears that it will next be used wholly or mainly for charitable purposes or the purposes of the club. However, property held by a charity as an investment is subject to the same rules as non-charity property.
The Rating (Empty Properties) Act 2007 is at www.opsi.gov.uk/acts/acts2007/ukpga_20070009_en_1,
The Non-Domestic Rating (Unoccupied Property) (England) Regulations 2008 are at www.opsi.gov.uk/si/si2008/uksi_20080386_en_1.
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.
ENERGY PERFORMANCE CERTIFICATES
Added 12/9/07. This information adds to s.59.10 in The Voluntary Sector Legal Handbook 2nd edition.
Energy performance certificates (EPCs) show the amount of carbon used by the energy demands within a commercial building, or the energy efficiency of a dwelling (both on a scale of A-G, with A being the best). EPCs include recommendations for improvement, and are valid for 10 years.
For non-residential buildings, EPCs are required on construction from 6 April 2008; on sale or rental from 6 April 2008 if the building has over 500 square metres of usable space; and on all other sales or rentals from 1 October 2008.
For dwellings, EPCs are required on construction from 1 January 2008; on sale or rental from 1 August 2007 if the dwelling has four or more bedrooms and from 10 September 2007 if it has three or more bedrooms. Implementation dates for other sales or rentals will be announced.
From 6 April 2008 buildings over 1000 square metres occupied by a public authority or an institution providing a public service to a large number of people must display in a prominent position, where the public can see it, a display energy certificate. This shows the actual energy usage of the building and is valid for one year. The requirement to show a display energy certificate is likely to be extended to other buildings such as shops and hotels.
The Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 are at www.opsi.gov.uk/si/si2007/20070991.htm, with amendments to some implementation dates at www.opsi.gov.uk/si/si2007/20071669.htm.
ENERGY EFFICIENCY GUIDANCE
Added 12/9/07. This information adds to s.59.10 in The Voluntary Sector Legal Handbook 2nd edition.
National Energy Action promotes energy efficiency for low income households, but has also produced a free 31-page guide for community buildings which includes a user-friendly explanation of the issues and what to look for, questionnaires and technical notes.
Energy efficiency in community buildings can be downloaded free via tinyurl.com/yrdzel.
ONLINE RESOURCES FOR ENVIRONMENTAL COMPLIANCE
Added 15/9/07. This information updates s.59.10 in The Voluntary Sector Legal Handbook 2nd edition.
The Environment Agency and other agencies have set up a joint website, NetRegs, to provide information about the vast range of environmental regulations that businesses and organisations have to comply with, for example on energy efficiency, pollution, and waste management. The website is at www.netregs.gov.uk. Linked to this is the Waste Directory for All Business website at www.wastedirectory.org.uk, which gives details of recycling sites, other disposal sites and carriers for various types of waste.
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 NON-HAZARDOUS WASTE
Added 12/9/07. This information updates s.59.10.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 30 October 2007, organisations whose non-hazardous waste is sent to landfill without being treated have a duty to treat the waste before it is collected and disposed of. The first step is to find out whether the waste is already sent to landfill, and is treated before it gets there. If so, there is no further obligation on the organisation. If the waste is not already treated the organisation must do it, but this could involve simply sorting and recycling it (so the waste does not go to landfill), or reducing its volume so it takes less space. Information is available from the Environment Agency at tinyurl.com/yrkbt6.
DISPOSING OF ELECTRICAL AND ELECTRONIC EQUIPMENT
Updated 12/9/07. 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 but was delayed until 1 July 2007. WEEE applies to computers, monitors, printers, mobile phones and similar equipment, as well as household products. Producers are 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) must allow customers to return their waste equipment free of charge. This is 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.
The Waste Electrical and Electronic Equipment Regulations 2006 are at www.opsi.gov.uk/si/si2006/20063289.htm.
CHARGES FOR DISPOSING OF WASTE FROM CHARITY SHOPS
Added 15/9/07, links updated 22/3/08. This information updates s.59.10.4 in The Voluntary Sector Legal Handbook 2nd edition.
Under the Environmental Protection Act 1990 waste from schools, hospitals and charity shops is defined as household rather than commercial waste, which means that local authorities can charge for collecting it but not for disposing of it. This is of particular concern to charity shops, which may have to dispose of unwanted donations. Following an investigation which found that five Somerset district and borough councils were incorrectly charging for disposal, the Department for Environment, Food and Rural Affairs (DEFRA) wrote to all local authorities in August 2007 reminding them not to make these charges.
Up-to-date information is on the Department for Business, Enterprise and Regulatory Reform website at www.berr.gov.uk/sectors/sustainability/weee/page30269.html.
The Waste Electrical and Electronic Equipment Regulations 2006 are at www.opsi.gov.uk/si/si2006/20063289.htm.
CONSTRUCTION SITE WASTE MANAGEMENT
Added 5/4/08. This information updates s.59.10.4 in The Voluntary Sector Legal Handbook 2nd edition.
From 6 April 2008 a site waste management plan must be drawn up, showing how building waste and other waste products will be removed from the site, for any construction project where the estimated cost is more than £300,000. Information is available from local authorities.
The Site Waste Management Plans Regulations 2008 are at www.opsi.gov.uk/si/si2008/uksi_20080314_en_1.
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