The fit and proper persons test for charity managers
HMRC has updated its model declaration and help sheet on the fit and proper persons test for individuals who manage charities, etc entitled to UK charity tax reliefs. which is concerned with ensuring that charities are not managed or controlled by individuals who present a risk to the charity’s tax position. The guidance now includes a detailed description of the circumstances in which a charity manager who has used or been involved in the design or promotion of tax avoidance schemes may be deemed not to be fit and proper person.
Charity employee status
The High Court held that an individual appointed as the “shepherd in charge” of the spiritual wellbeing of the congregation of a religious charity was a charity trustee and not an employee and had been validly removed from office by the trustees of the charity.
(Trustees of the Celestial Church of Christ v Lawson [2017] EWHC 97)
The Fundraising Preference Service
The Fundraising Regulator (FR) is inviting charities, sector professionals and members of the public to give their opinion on different elements of the development of the Fundraising Preference Service (FPS).
Anyone who registers online to take part in the consultation will receive a brief weekly email from the FR asking for feedback on different aspects of the FPS, ranging from function to appearance.
Fundraising Regulator's Guidance on Data Protection
The Fundraising Regulator has published guidance on processing personal data and consents relating to fundraising by charities to help them better understand their responsibilities in relation to donor consent, data protection and legitimate interests to be ready for the EU General Data Protection Regulation. The guidance can be found here.
Data Protection
The new Information Commissioner, Elizabeth Denham, recently said;
“Ask yourself: What are people expecting us to do with their personal data?”
She went on to say:
“Your answer should be in a good, clear privacy notice, but you must also have people’s trust that you won’t change your mind, do something different or do something new. It’s about building relationships and maintaining them.”
“That was one of my messages to the fundraising sector during the conference we jointly hosted …. with the Charity Commission and Fundraising Regulator. But it applies to organisations across the board, be they government departments, large accountancy firms, health trusts or small businesses.”
“I think it’s clear that in recent years people feel they’ve lost control of their own data. But it is within your gift to alleviate that feeling of helplessness people have over what happens to their personal details.”
Charity Governance
The Charity Commission has said that it will continue to endorse the National Council for Voluntary Organisations’ Charity Governance Code, and intends to withdraw its guidance, The Hallmarks of an Effective Charity.
Crab Insight
Our monthly newsletter on all things reputational.
Crab Insight Volume 4 Issue 5 February 2017.
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