Charity guidance updates CC27 and CC48

The Charity Commission has reviewed and updated some of its guidance over previous months since our last newsletter in April 2024, relating to both CC27 and CC48.

CC27 is entitled “improving our trustee guidance on making decisions”. The guidance remains devised on the basis of seven principles developed by the courts when they reviewed decisions made by charity trustees, and emphasis is placed on the guidance being critical for Trustees to understand properly. The refreshed CC27 guidance is more concise and accordingly is a shorter read for Trustees, however the legal requirements and expectations remain the same.

Whether the change in wording pushes charities away from approaching the Commission for advice is of cause an area of concern. The Commission states “In very limited circumstances, when the matter is complex and/or high risk, you can apply to the Commission for formal advice on whether what you want to do is consistent with your powers and duties. For example, if you’re not sure that you have the power to carry out an unusual or large transaction. You can apply for this advice under section 110 of the Charities Act. If you follow the Commission’s advice in good faith, you will be considered in law to have acted properly.”

CC48 is a refresher of meeting guidance to encompass online participation when necessary. The guidance is explicit that charities “can” hold meetings which are virtual or hybrid, as well as face to face, and may make decisions in other ways, but makes clear that the charity should amend its governing document if it does not provide for specifically for holding virtual or hybrid meetings.

It is therefore recommended to both new and existing Trustees to review this guidance.

Martyn’s Law

Martyn’s law stands to have a significant impact on those who are responsible for qualifying premises and events across a range of activities and sectors (public, private and charity), with a new regulatory regime, new duties and new penalties (including criminal) for getting it wrong.

The Bill, introduced to the House of Commons on 12 September 2024 following the Manchester Arena Attack, is intended to ensure public premises and events are better prepared for terrorist attacks and ready to respond. It will require reasonably practicable actions, to mitigate the impact of a terrorist attack and reduce physical harm. In addition to this, certain larger premises and events must also take steps to reduce the vulnerability of the premises to terrorist attacks.

This will be done by mandating who is responsible for considering the risk from terrorism and how they would respond to a terrorist attack at certain premises and events. Full details can be found here.

If you require guidance on anything mentioned in this article, please don’t hesitate to contact Head of Charities and Not for Profit, Sam Rouse here.