Legal issues
Fact sheets
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What to do if you have to dissolve a Friends Group |
As of 1st October 2009, the Companies Act 2006 was brought fully into legislation.
Here are some of the changes. |
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A conflict of interest is any situation in which a trustee’s personal interests, interests they have to another committee and interests they have to their charity arise simultaneously or appear to clash. |
The Scottish Government has recently published a consultation paper on proposed changes to the Charities and Trustee Investment (Scotland) Act 2005 (“the 2005 Act”) and the Charities Accounts (Scotland) Regulations 2006.
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Many Friends Groups and charities need to keep accurate membership details for legal purposes, but holding personal data means the charity should be aware of the Data Protection Act and its particulars. |
The term personal data refers to information about a living individual, from which that individual is identifiable. |
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A new Equality Act came into force on 1 October 2010. It brings together over 116 separate pieces of legislation into one single Act. The Act provides a legal framework to protect the rights of individuals and advance equality of opportunity for all. It provides Britain with a discrimination law which protects individuals from unfair treatment and promotes a fair and more equal society.
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Fraud is a real threat to an organisation not only financially but also to its image and reputation. |
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The guidance notes for a model constitution can be found here. |
There are a variety of legal structures available for charities. We have highlighted some of them below.
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‘When, where and who am I allowed to photograph?’ - A brief guide to the legislation and etiquette surrounding taking photographs. |
The challenging economic climate has prompted the trustees of many Attend members to review their charity’s financial position. Some will be asking themselves whether they would be better off establishing their Friends Group as a charitable company to get the protection of limited liability.
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When holding an event there are certain rules and regulations. It is useful for charities to be aware of these considered below.
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Often there is confusion between workers and volunteers.The questions comes up whether you have a worker or a volunteer and are they to be paid the national minimum wage. Here are some definitions that will help you decide whether you have a volunteer or a worker. |
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Who is covered by NHS Indemnity?
NHS bodies are liable at law for the negligent acts and omissions of their staff in the course of their NHS employment. |
Phonographic Performance Limited(PPL),an organisation that deals with collecting royalties in the UK for the music industry, requires that a licence be obtained in order to play music at a public event. |
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PRS stands for the Performing Rights Society and is an organisation that deals with collecting royalties in the UK, as well as internationally, for the music industry. A PRS licence may be necessary to play music at a public event.
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Guidance for cross border charities |
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If you commission someone to take photographs on your behalf, whether they are paid or unpaid, you will need to draw up a contract. Without a signed agreement that the photographs have been taken for your use, the copyright remains with the Photographer. Without the copyright you cannot legally publish the photograph. |
It is not a legal requirement in the UK, but it is wise to get a signed release form from the person or people you are photographing, this means that you know that they are happy to be photographed and for that photograph to be used and reproduced by you. |
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Advice for retail outlets selling medicine |
Roger Chester, Finance Director of Lionheart, offers a ‘how-to’ guide and advice on what to look out for.
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Currently, there isn’t any legislation or legal definitions discussing volunteer workers. It is important that organisations be careful of volunteers becoming employees according to the law, it’s important for organisations to clearly differentiate between volunteers and employees. |
The following 'undertaking' is a form of words ('contract'), which Friends groups can use to safeguard their funds and patients & community interests when contributing equipment and small scale facilities to primary, secondary or any other public service providers |
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E-newsletters
External factsheets & publications
This content is available to Attend members only.
If you are a member log in here, or if you would like to join us why not sign up today.
If you are a member log in here, or if you would like to join us why not sign up today.
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Becoming Incorporated
A Charity Commission publication |
Bribery Act 2010
A Sayer Vincent factsheet |
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Mental health toolkit for prosecutors and advocates
A Mind Publication |
New laws in music copyright licences
An NCVO Publication |
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The Vetting & Barring Scheme Guidance
An HM Government publication |
Useful links
This content is available to Attend members only.
If you are a member log in here, or if you would like to join us why not sign up today.
If you are a member log in here, or if you would like to join us why not sign up today.
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Companies House
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Criminal Records Bureau
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Crowe Clark Whitehill
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Get Legal
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Hempsons
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Hempsons News Briefs
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Indepentent Safeguarding Authority
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Informatino Commissioner's Office
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Legal Update for Voluntary Organisations
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NHS Litigation Authority: Scheme coverage for volunteers
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Russell Cooke Solicitors
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The Law Society
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Workplace Law Network
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