The last few weeks have seen some further Charities Act consultations published and some announcements about implementation of parts of the Act not yet in force:

1. Consultation on the new charitable legal form, the Charitable Incorporated Organisation (“the CIO”). The Charity Commission and Office of the Third Sector are jointly consulting on the detail of how CIOs will work in practice. There is a main consultation paper setting out questions and then eight annexes including two model constitutions and a summary of the practicalities of setting up and running a CIO. http://www.cabinetoffice.gov.uk/third_sector/Consultations/current_consultations/cio.aspx The consultation closes on 10^th December 2008. BWB is running aFree CIOBriefingSessionfor clients on 21^st October at 5.30 pm – please email seminars@bwbllp.comquoting "CIO Seminar"if you would like to attend, orregister a place on our website at CIO Seminar.
   
   
2. Consultation on draft public benefit guidance for charities for the advancement of moral or ethical belief systems - http://www.charity-commission.gov.uk/Library/publicbenefit/pdfs/pbmor.pdf . The deadline for responses is 5^th January 2009.
   
   
3. Excepted charities – compulsory registration of excepted charities with income of over £100,000 has been put back from 1^st October 2008 to 1^st January 2009, although the Commission has indicated it will begin to process applications from 1^st October.
   
4. Guidance on fundraising statements for professional fundraisers and commercial participators – the final version of thisisdue outlater this month.
   

5. Conflict of Interest management - It has been suggested that new conflict of interest management provisions (introduced1^st October 2008under the Companies Act 2006) require all charitable companies urgently to amend their articles of association. However, charities have long operated conflict of interest management arrangements and most charitable companies will have constitutional procedures which will accord with the new legislation. They might be amended to relate more directly to the new company law (and BWB has agreed wording with the Commission, which we will use in future constitutional reviews), but for charities with reasonably standard constitutional provisions in relation to conflicts of interest, we do not regard such amendment to be a critical issue. We understand from the Charity Commission that this is also their position.

If you require any further advice or guidance please contact our Charity & Social Enterprise Department

Stephen Lloyd
Charity & Social Enterprise Department
T: 020 7551 7777
F: 020 7551 7800