The Regulator for Charities in England and Wales

Introduction to Consultation on draft guidance on NHS charities

(June 2008)

Contents

See: Consultation on draft guidance on NHS charities

What the draft guidance sets out to achieve

The draft guidance explains how the requirements of charity law and NHS legislation apply to NHS charities.   It also sets out the policies and practices adopted by the Commission in response to that legislative framework.  On a range of issues it identifies principles to inform trustee decisions, rather than ready made “right” and “wrong” answers.  It provides tools intended to enable regulatory requirements to be dealt with simply.  

It has been a conscious decision that the draft guidance should deal specifically with those issues where being an NHS charity implies a different approach from that which applies to other charities.   Most issues that are not addressed by the draft guidance are covered elsewhere in the Commission’s publications and guidance, and should be addressed by trustees of NHS charities within that wider framework.

Although the draft guidance has taken account of legislative and other changes and developments it is essentially a consolidation of guidance and principles already issued and communicated to the NHS charity sector through various means.  It has drawn on real casework issues and focuses on the most regular questions and issues that have arisen.  The intention is to ensure that all relevant guidance and principles can be easily accessed by all those who are responsible for managing NHS charitable funds and others with an interest in those funds.

This draft supplementary guidance does not:

  • set out the position for NHS charities in Scotland or Northern Ireland, which are outside the Commission’s regulatory remit;
  • propose any substantive changes to the regulatory arrangements or policies currently affecting NHS charities.   This is not because we want to prevent discussion of change.  Instead it is because we want to focus on achieving clarity about where we are now.  If clarity can be achieved that should provide a sound basis for future discussion about possible changes.

The purpose of the consultation

It is important to note that this is draft guidance. We recognise that it may require further development and refinement.  As indicated above, it is principally a consolidation of existing material, rather than representing new policy.   We wish to use this consultation as an opportunity:

  • to check whether the issues, answers and solutions set out are sufficiently clear, workable, easy to understand and to apply;
  • to check it is in a form that is accessible and easily navigable;  
  • to secure additional relevant examples to illustrate points made or issues addressed;
  • to explore different views and approaches about the questions raised;
  • to consider where there might be gaps or omissions where further guidance would be helpful.

The consultation is the opportunity for trustees to tell us if our draft guidance meets the criteria in the first two bullet points (and if not, how it could be improved).  It is also an opportunity for trustees to highlight issues they face that are not covered by the draft guidance or in the Commission’s wider guidance material).   The draft guidance may raise questions as well as provide answers, but we hope that the consultation process will ultimately result in more meaningful and helpful guidance.

We are keen to receive feedback from trustees and others involved in the administration of NHS charities and charitable funds.   We will also discuss the guidance with other relevant regulators (Department of Health, Welsh Assembly Government, Appointments Commission, and Monitor) representative professionals and umbrella bodies (Association of NHS Charities; Health Financial Management Association; Foundation Trusts Network). If you think there are other particular interested parties who should be consulted, please let us know.

How the draft guidance works

The contents section of the draft guidance document lists all the component parts of the draft guidance and there are links throughout to other material.

Timetable for the consultation

10 June 2008

Start of three month consultations

09 September 2008

End of three month consultations on draft guidance

By end of October 2008

Guidance to be published

How, where and when to send comments on this consultation

Everyone is welcome to respond to this consultation and we would be grateful for all responses in writing, which should be headed 'Consultation on Draft Guidance on NHS Charities' and sent by post to:

Charity Commission Direct
PO Box 1227
Liverpool
L69 3UG
or by e-mail

It would help us to know with the following standard information in the order requested as part of the introduction to your response. This will allow us to manage the responses and use the information more effectively as well as enabling us to keep you up to date with any progress:

  • Organisation/Charity name (if applicable)
  • Charity number (if applicable)
  • Contact name
  • Position within organisation (if applicable)
  • Contact number
  • Contact address
  • Contact e-mail
  • Consultation response/answers to consultation questions

The closing date for responses is 09 September 2008.

What will happen at the end of the consultation period?

All responses will be recorded and used by the Charity Commission to inform any amendment and further work that we do relating to NHS charities.  We will review our draft guidance, NHS Charities, taking into account the comments that we have received by the end of the consultation period.