Correspondence

Charity Commission News: Issue 67

Published 29 March 2022

Applies to England and Wales

Ukraine crisis

The situation in Ukraine is changing rapidly. We recognise the complex challenge this poses for charities responding to the crisis at home or abroad. We have set out our guidance on the most commonly asked questions and will be reviewing this guidance regularly.

Ukraine humanitarian crisis: guidance for charities and trustees

Be certain in uncertain times

Our latest campaign aimed at helping trustees refresh their knowledge on their essential duties goes live this week. It showcases the Commission’s suite of 5-minute guides designed to provide trustees with easy-to-understand information on all the governance basics. This suite was expanded in November, with the introduction of a guide on Safeguarding.

This year, as part of our continued commitment to help trustees run their charities effectively, we’re also launching a set of animated videos explaining the key points from each of our guides.

Watch the first in the new series now.

Charities bill: latest news on implementation

Late last month, the Charities Act 2022 received Royal Assent, and passed into law.

We welcome the provisions of the legislation, which aims to make life easier for trustees, helping them maximise the benefits their charity delivers. Discover what it means for your charity and how the changes are likely to be implemented.

Charities Bill: the next steps

Cyber threat heightened

The government is warning institutions, including charities, to be on the lookout for potential cyber-attacks.

The National Cyber Security Centre is not aware of any specific cyber threats to UK charities in relation to the Russian invasion of Ukraine.

However, while the situation in Ukraine remains volatile, charities are strongly encouraged to follow the actionable steps in the National Cyber Security Centre’s guidance that reduce the risk of falling victim to an attack.

Annual Return 2022

The Annual Return for 2022 is expected to be launched at the end of April. Charities that can file early are recommended to do so.

After feedback from trustees, we have updated our guidance for charities working outside England and Wales. The text now clarifies area of operation as the place where a charity delivers its purpose.

For example, if a London-based charity runs an orphanage in Romania, its area of operation should be recorded as Romania.

The same applies for charities providing funds or grants to other organisations based outside England and Wales. So, if a charity based in Cardiff gives a grant to a local NGO based in Yemen to build a school, its area of operation would be recorded as Yemen.

However, a charity making a general donation or grant to another registered charity that may operate abroad, does not count as operating abroad.

Charities and the national minimum wage

HMRC is reminding charities that engage with many different types of workers to know when a worker is entitled to the National Minimum Wage. This will depend on whether an individual is classed as either a worker, a volunteer or a voluntary worker.

Particular attention should be given to any volunteers paid a nominal amount over and above genuine out of pocket expenses. Any payment, whether cash, benefits in kind or promise of future payment is likely to mean they are a worker for minimum wage purposes and so should be paid for all hours worked.

A webinar is available to give you more information about the national minimum wage and unpaid workers or those paid on an ‘expenses only’ basis.

Update to Personal Information Charter

Our Personal Information Charter tells you when we process your personal data, why, and what happens with it. We have recently updated it with more detail about what happens to your personal data when you call our contact centre.

The updated Personal Information Charter is available on GOV.UK.