REGULATION: THE LATEST CHANGES AND WHAT THEY MEAN FOR YOUR ORGANISATION

Dinner sponsors:

Media partner:

Partner sponsor:

CHAIRELIZABETH CHAMBERLAINHEAD OF POLICY AND PUBLIC SERVICES, NCVOSPEAKERSGERALD OPPENHEIM HEAD OF POLICY AND COMMUNICATIONS, FUNDRAISING REGULATORJACK ROWLEYHEAD OF EXTERNAL AFFAIRS, THE CHARITY COMMISSIONTIM TURNERHEAD OF 2040TRAINING AND FORMER POLICY MANAGER AT THE ICO

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

HEADLINES

Dinner sponsors:

Media partner:

Partner sponsor:

For the few charities that are at serious risk of abuse / mismanagement:

• New powers for the Charity Commission to protect charities

For many charities:

• A new power (social investment) and new duty (fundraising)

For all charities:

• New recruitment checks needed because of new restrictions on trusteeship and senior managers

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

POWERS FOR THE CHARITY COMMISSION

Dinner sponsors:

Media partner:

Partner sponsor:1. Issue official warnings - new

2. Suspend trustees – longer term

3. Remove trustees that resign – loophole closed

4. Remove trustees if disqualified – new

5. Direct trustees not to take specified action - new

6. Direct winding up of a charity - new

7. Disqualify trustees - new

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

POWERS FOR THE CHARITY COMMISSION – MORE DETAIL

Dinner sponsors:

Media partner:

Partner sponsor:

Official warnings• To remedy mismanagement • Use in cases where risk to charity doesn’t

justify use of our formal inquiry powers• Usually where trustees fail to remedy matters

following advice from CCEW• One month notice• Possible publication of warning (if made)

Disqualification• Prevents individual from acting as trustee or

senior manager• Requires 3 tests, notice period (1 month) and

option to appeal to Tribunal

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

POWERS FOR THE CHARITY COMMISSION – SOME WORDS OF RE-ASSURANCE

Dinner sponsors:

Media partner:

Partner sponsor:

‘The commission recognises that most trustees are volunteers who sometimes make honest mistakes. Trustees are not expected to be perfect - they are expected to do their best to comply with their duties. Charity law generally protects trustees who have acted honestly and reasonably.’

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

NEW ACTION FOR SOME CHARITIES

Dinner sponsors:

Media partner:

Partner sponsor:Social investment

• A new explicit power to support projects that only partly further a charity’s aim – if there is some investment ‘return’

Fundraising: to improve standards and protect vulnerable:

• Changes to contracts with ‘commercial fundraisers’

• New requirements to report on standards and protection

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

ACTION ALL CHARITIES

Dinner sponsors:

Media partner:

Partner sponsor:

Automatic disqualification is changing:

• update your recruitment checks

• refresh existing trustee and senior manager declarations

No changes have been made yet:

• guidance and communications at least 6 months before takes effect

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

AUTOMATIC DISQUALIFICATION – WHAT’S NEW?

Dinner sponsors:

Media partner:

Partner sponsor:

New disqualifying reasons include:

• UNSPENT convictions for bribery, money laundering, perjury, terrorism

• Contempt of court

• Being on the sex offenders’ register

Extends to include ‘senior manager positions’ – typically CEO or Finance Director roles

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

AUTOMATIC DISQUALIFICATION – WAIVERS

Dinner sponsors:

Media partner:

Partner sponsor:

This is not new but the process will be more accessible

• Charity Commission can ‘waive’ a disqualification – some limits

• Individual needs to apply (not the charity)

• CCEW has to consider the interests of the charity, not the individual

• Individuals may be able to apply in advance of changes taking effect

CHARITIES (PROTECTION & SOCIAL INVESTMENT) ACT 2016

FURTHER READING

Dinner sponsors:

Media partner:

Partner sponsor:

Official explanatory notes on the Acthttp://www.legislation.gov.uk/ukpga/2016/4/resources

Official warningshttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/576625/Official_warnings_to_charities_and_trustees_Q_and_A.pdf

Charity Commission power to disqualifyhttps://www.gov.uk/government/uploads/system/uploads/attachment_data/file/577792/The_discretionary_disqualification_power_questions_and_answers.pdf

Social investmenthttps://www.gov.uk/government/publications/charities-and-investment-matters-a-guide-for-trustees-cc14/charities-and-investment-matters-interim-guidance

Fundraisinghttps://www.gov.uk/government/publications/charities-and-fundraising-cc20

Twitter @ChtyCommission www.charitycommission.gov.uk

REGULATION: THE LATEST CHANGES AND WHAT THEY MEAN FOR YOUR ORGANISATION

GERALD OPPENHEIMHEAD OF POLICY AND COMMUNICATIONSFUNDRAISING REGULATOR

20 APRIL 2017

Dinner sponsors:

Media partner:

Partner sponsor:

THE CODE OF FUNDRAISING PRACTICE

• ASSIGNED BY IOF TO THE REGULATOR ON 7 JULY 2016

• SETS STANDARDS OF FUNDRAISING EXPECTED FOR CHARITABLE FUNDRAISING ACROSS THE UK

• FRAMEWORK FOR ASSESSING PUBLIC COMPLAINTS

• IMPORTANT PART OF RESTORING AND MAINTAINING PUBLIC CONFIDENCE AND TRUST IN FUNDRAISING

Dinner sponsors:

Media partner:

Partner sponsor:

THE CODE OF FUNDRAISING PRACTICE

CONSULTATION 3 FEBRUARY – 28 APRIL 2017• OUTSTANDING FRSB

RECOMMENDATIONS AND EMERGING ISSUES FROM PUBLIC COMPLAINTS AND FUNDRAISER QUERIES

• CHANGES IN WIDER REGULATORY AND LEGAL CONTEXT

• RECOMMENDATIONS FROM 1ST ADJUDICATION

• ISSUES COVERED:CHARITY TRUSTEESFUNDRAISING ASKDISCLOSURE (SOLICITATION) STATEMENTSWHISTLEBLOWINGPEOPLE IN VULNERABLE CIRCUMSTANCESCHARITY COLLECTION BAGSTHIRD PARTIES (2016 ACT REQUIREMENTS)

NEW GUIDANCE: PERSONAL INFORMATION AND FUNDRAISING

• RESPONDS TO CALL FOR MORE SECTOR-SPECIFIC GUIDANCE ON DATA PROTECTION AND CONSENT

• FOLLOWS ICO LEAD ON HOW LAW IS INTERPRETED

• FEEDBACK WELCOME • WILL INCORPORATE IN CODE WITH

GDPR GUIDANCE IN SUMMER 2017• SELF-ASSESSMENT TOOL AND

CHECKLIST• CASE STUDIES

FUNDRAISING PREFERENCE SERVICE

• LAUNCH IN SUMMER 2017• COVERS CHARITIES REGISTERED IN

ENGLAND AND WALES (NOT SCOTLAND; NI TO BE DECIDED)

• PUBLIC WILL BE ABLE TO STOP COMMUNICATIONS FROM CHARITIES THEY NAME

• COVERS DIRECT MARKETING COMMUNICATIONS DIRECTED AT INDIVIDUALS

• IT BASED BUT WITH PHONE SERVICE• GUIDANCE FOR PUBLIC AND

CHARITIES• SIGNPOST TO TPS AND MPS• VISIT OUR STAND TO SEE SAMPLE

SCREENS

FUNDING THE REGULATOR

• LEVY AND REGISTRATION SYSTEM• APPROX 2000 REGISTERED AND

EXEMPT CHARITIES IN ENGLAND AND WALES SPENDING £100,000 + ON FUNDRAISING

• OTHERS CAN REGISTER• LEVY 1 SEPTEMBER 2016; LEVY 2

TO COME SOON FOR THE YEAR BEGINNING 1 SEPTEMBER 2017

• GOOD COMMITMENT FROM MANY BUT WE CONTINUE TO FOLLOW UP NON-RESPONDENTS AND REFUSALS

• REPUTATIONAL ISSUE FOR THE SECTOR

• RESERVE POWERS IN 2016 ACT

PUBLIC TRUST AND CONFIDENCE

• COMPLAINTS: APPROX. 75 A MONTH• STILL A JOB TO DO TO REBUILD • GOVERNMENT INTEREST • WE TAKE AN OUTWARD LOOKING,

PROACTIVE APPROACH • EXPECT THAT CHARITIES WILL

SUPPORT OUR INDEPENDENT REGULATION

• HAVE STARTED TO TEST PUBLIC VIEWS IN DELIBERATIVE WORKSHOPS

• HAD FOCUS GROUPS FOR FPS• WORK VERY CLOSELY WITH OTHER

REGULATORS ( CHARITY COMMISSION, ICO, OSCR, CCNI) AS WE DO WITH NCVO, IOF AND OTHER SECTOR GROUPINGS.

DATA PROTECTION:COMING SOON

TIM TURNER2040 TRAINING20 APRIL 2017

Dinner sponsors:

Media partner:

Partner sponsor:

GDPR: MAY 25TH 2018 DESPITE BREXIT• TRANSPARENCY• CONSENT • AUTOMATED

PROFILING• THIRD PARTIES &

PROCESSORS• IMPROVED RIGHTS• DP BY DESIGN• IMPACT

ASSESSMENTS• **PENALTIES**

Dinner sponsors:

Media partner:

Partner sponsor:

WHAT DO WE DO?• EXAMINE DATA

FLOWS• FIND CONTRACTS /

THEIR ABSENCE• LOOK AT DECISION /

POLICY MAKING AND PROCUREMENT

• APPOINT A DPO (EVEN IF YOU DON’T HAVE TO)

Dinner sponsors:

Media partner:

Partner sponsor:

EPRIVACY REGULATION• ALSO MAY 2018• REPLACES PECR• MORE EMPHASIS ON

CONSENT• SAME **PENALTIES**

TIM TURNER2040 TRAININGWWW.2040TRAINING.CO.UK

Dinner sponsors:

Media partner:

Partner sponsor: