Legal update

1. Legal Update
Stephen Marshall, Consultant
Bethan Walsh, Solicitor
15th
March 2016

2. Introduction
• Charities (Protection and Social Investment) Bill
• Extension of FOIA
• SBEEA 2015
• Revised Charity Commission guidance
• Q&A

3. Charities (Protection and Social
Investment) Bill
• Awaiting Royal Assent
• Key points
‒ Charity Commission official warnings
‒ Removal of provision that charities not compelled to
use or dispose of assets in a way which is inconsistent
with charitable purposes
‒ Automatic disqualification from being a trustee and
power to disqualify from being a trustee
‒ Reserve powers to control fundraising

4. Extension of Freedom of Information
Act?
• Current position
• Freedom of Information (Public Interest and
Transparency) Bill 2015-16
• If passed FOIA will cover charities contracted to
carry out work for public authorities and the
Royal Household

5. Small Business, Enterprise &
Employment Act 2015 (SBEEA)
• Register of persons with significant control (PSC)
‒ section 81, Schedule 3
‒ New part 21A, and Schedules 1A &1B of CA 2006

6. PSC Register
• Obligation to keep register of people with
significant control
• 6 April 2016 – companies to start keeping
register
• 30 June 2016 – public register at Companies
House via:
‒ Statement of initial significant control on
incorporation
‒ Annual confirmation statement

7. Who is registrable?
• Two types of person may be registrable
‒ Persons with significant control (PSCs)
‒ Relevant legal entities (RLEs)
‒ RLE = legal entity which would have been a PSC if
it were an individual and keeps its own PSC
register

8. PSC Register – steps a company must
take
• Reasonable steps to find out PSC information
• Confirm the information
• Keep a PSC register
• File information at Companies House
• Keep register and information filed updated
Criminal sanctions

9. Charity Commission updates
• Draft Guidance: Grant funding an organisation
that isn’t a charity
• Charity Fundraising: a guide to trustee duties
(CC20)
• Charity reserves: building resilience (CC19)

10. Q & A
Bethan Walsh
T: 029 2039 1832
E: bethan.walsh@geldards.com
Stephen Marshall
T: 01332 25 4105
E: stephen.marshall@geldards.com

11. Thank You