The Regulator for Charities in England and Wales
(Version December 2004)
The term Village Halls and Community Centres is used to describe charities that provide space and facilities for community services and activities. They may not have either ‘village hall’ or ‘community centre’ in their registered title. Other titles include community association, memorial hall, reading room, and village institute.
A breach of trust occurs when trustees act outside the terms of their governing document or the requirements of trust law. A trustee found to be in breach of trust can be held personally responsible for liabilities incurred by or on behalf of the charity, or for making good any loss to the charity.
Charity trustees are the people responsible under the charity's governing document for controlling the management and administration of the charity (s.97(1) of the Charities Act 1993). They may be called trustees, managing trustees, committee members, governors or directors, or they may be referred to by some other title. In the case of an unincorporated association, the members of the executive or management committee are its charity trustees. In the case of a charitable company it is the directors.
A governing document is any document which sets out the charity's purposes and, usually, how it is to be administered. It may be a trust deed, constitution, memorandum and articles of association, conveyance, will, Royal Charter, Scheme of the Commission or other formal document.
A nominee is an individual or corporate body, normally appointed by the charity trustees, whose functions is to hold the legal title to the charity’s property or investments on behalf of the charity’s trustees. Sometimes known as custodian or holding trustees, nominees have no role as such in the charity’s management. They must act on the instructions of the charity’s trustees unless they are told to do something which is in breach of trust.
The Official Custodian for Charities is a corporation created by statute to hold land on behalf of charities; in practice, he/she is a member of the Charity Commission's staff who is appointed to this role by the Commissioners. If land is to be held by the Official Custodian it has to be vested in him/her.
An order is a legal document made by us authorising the charity trustees to carry out an act which otherwise they have, or may have, no power to do. It can also confer a more general authority. For example, an Order may:
The authority it provides can only be discretionary: trustees must be able to choose whether or not to exercise the authority granted by the Order. However, the Charity Commission can impose mandatory conditions which must be followed if the power is exercised.
Permanent endowment means property of the charity (i.e. land, buildings, investments or cash) which the trustees may not spend as if it were income. It must be held permanently, sometimes to be used in furthering the charity's purposes, sometimes to produce an income for the charity. Trustees cannot normally expend permanent endowment without our authority.
Primary purpose trading is a trade exercised by a charity in the course of the carrying out of its objects. The following are examples of what might be regarded as trading in this manner:
A scheme is a legal document which amends, replaces or amplifies the trusts of a charity. It may be:
A small charity is broadly defined in terms of its income. If a charity has an annual income of £10,000 or less recorded on our database in its last full financial year we will consider it to be a small charity. Almost 100,000 charities in England and Wales fall into this category.
Specie property is land required to be used for a particular charitable purpose.
Subsidiary trading company means any non-charitable trading company owned by one or more charities to carry out trading activities on behalf of the charity(ies) with a view to raising funds in a tax efficient manner.
Trustee board. We use the word ‘board’ to refer to a charity’s governing body.
Must is used to refer to actions that trustees, or their agents or employees, are obliged to take by law.
Should is used to suggest actions which we consider to be good practice and which we expect trustees to follow.
Research for this report took the form of a statistical analysis of Charity Commission records of cases opened for village hall and community centre charities, as well as detailed examination of Charity Commission casework experience. We interviewed a large number of trustees of village hall and Community centre charities and consulted advisory and umbrella groups with experience of working with village hall and community centre charities.
Responsibility for charities is split between our four offices. Charities with an income of £10,000 or less fall under the responsibility of the Small Charities Unit (SCU) based in the Liverpool office. Further information for charities of any size can be obtained from the Charity Commission at:
|
Liverpool |
London |
Newport |
Taunton |
|---|---|---|---|
| 12 Princes Dock | Harmsworth House | 8th Floor, Clarence House | Woodfield House |
| Princes Parade | 13-15 Bouverie Street | Clarence Place | Tangier |
| Liverpool | London | Newport | Taunton |
| L3 1DE | EC4Y 8DP | Gwent | Somerset |
| NP19 7AA | TA1 4BL |
The Charity Commission Contact Centre provides advice of a general nature on a wide range of issues.
Tel: 0870 333 0123
Minicom: 0870 333 0125
E-mail: Contact Centre
Action with Communities in Rural England (ACRE)
ACRE is a national charity whose purpose is to support sustainable rural community development. ACRE and its network of Rural Community Councils provide a Village Hall Information and Advice Service and organise training events for Village Hall advisers to keep them up to date with current changes and proposed developments in legislation. A series of information sheets is available on request, together with a model constitution. ACRE also provides the secretariat to the National Village Halls Forum which offers a voice for representatives of village hall management committees and other organisations with similar interests.
ACRE has recently produced the Governance Plus Project in partnership with Community Matters. This is a project aimed to develop and disseminate material and resource packs designed to help community hall management committees to develop their governance capacity. It includes “Village Hall Health Check: Legal requirements and good practice for the village hall”, “Are you serving your community well” and “Social and Community Enterprise, the future for village and community halls”.
ACRE
Somerford Court
Somerford Road
Cirencester
Gloucestershire GL7 1TW
Tel: 01285 653477
Fax: 01285 654537
E-mail: acre@acre.org.uk
Website: www.acre.org.uk
Association of Charitable Foundations (ACF)
ACF promotes and supports the work of charitable grant-making trusts and foundations.
Association of Charitable Foundations
2 Plough Yard
Shoreditch High Street
London
EC2A 3LP
Tel: 020 7422 8600
www.acf.org.uk
Association of Chief Executives of Voluntary Organisations (ACEVO)
ACEVO provides good practice resources and information on sector issues.
Association of Chief Executives of Voluntary Organisations
83 Victoria Street
London
SW1H OHW
Tel: 0845 345 8481
Email:info@acevo.org.uk
Website: www.acevo.org.uk
The Big Lottery Fund
The Community Fund and the New Opportunities Fund have merged to become the Big Lottery Fund. The Big Lottery Fund distributes money raised by the Lottery to support charities and voluntary groups.
The Big Lottery Fund
1 Plough Place
London EC4A IDE
Tel: 020 7211 1800
Enquiries: 020 7211 3737
Fax: 020 7211 1750
Minicom: 020 7747 5347
E-mail: enquiries@biglotteryfund.org.uk
Website: www.biglotteryfund.org.uk
Black and Ethnic Minority Support Team (BEST Cymru)
BEST Cymru is a partnership between the All Wales Ethnic Minority Association (AWEMA), Black Voluntary Sector Network Wales (BVSNW), Minority Ethnic Women’s Network (MEWN Cyrmu) and the Scarman Trust. It provides support to black and minority ethnic communities and organisations including advice on a variety of issues such as running community groups, fundraising and charitable status and registration.
Details of individual contacts can be found on the website:
www.best-cymru.org
Business Community Connections (BCC)
BCC is a charity dedicated to helping other charities obtain more support from business.
Business Community Connections
Gainsborough House
2, Sheen Road
Richmond upon Thames
Surrey TW9 1AE
Tel: 020 8973 2390
E-mail: info@bcconnections.org.uk
Website: www.bcconnections.org.uk
Centre for Effective Dispute Resolution (CEDR)
CEDR runs a mediation service in partnership with the NCVO. It also runs another mediation service designed specifically to resolve disputes relating to the Compact between the Government and the voluntary sector.
Centre for Effective Dispute Resolution
International Dispute Resolution Centre
70 Fleet Street
London
EC4Y 1EU
Tel: 020 7536 6000
Fax: 020 7536 6001
E-mail: info@cedr.co.uk
Website: www.cedr.co.uk
Charities Aid Foundation (CAF)
CAF helps non-profit organisations in the UK and overseas to increase, manage and administer their resources.
Charities Aid Foundation
Kings Hill
West Malling
Kent ME19 4TA
Tel: 01732 520 000
Website: www.cafonline.org
Charity Trustee Networks
The charity trustee networks offer mutual support by encouraging and developing self-help trustee network groups providing cost effective, peer to peer consultancy and mentoring.
Charity Trustee Networks
P O Box 633
Godalming
GU8 5ZX
Tel: 01428 682252
E-mail: info@trusteenetworks.org.uk
Community Development Foundation (CDF)
The Community Development Foundation (CDF) is a non-departmental public body supported by the Active Community Unit of the Home Office with substantial support from local government, charitable trusts and the private sector. Its role is to pioneer, study and promote new forms of community development, in order to inform public policy, professional practice and community initiatives.
Community Development Foundation
60 Highbury Grove
London N5 2AG
Tel: 020 7226 5375
E-mail: admin@cdf.org.uk
Website: www.cdf.org.uk
Community Matters
Community Matters is the nationwide federation for community associations and similar organisations across the UK with 1100 member organisations across the UK. Its role is promoting and supporting action by ordinary people in response to social, educational and recreational needs in their neighbourhoods and communities. It provides advice and training on a broad range of issues.
Community Matters worked with ACRE to develop the Governance Plus project. See details above.
Community Matters
12-20 Baron Street
London
N1 9LL
Tel: 020 7837 7887
Fax: 020 7278 9253
E-mail: communitymatters@communitymatters.org.uk
Website: www.communitymatters.org.uk
Directory of Social Change (DSC)
The DSC promotes positive social change and provides a wide range of resources for trustees.
London
24 Stephenson Way
London
NW1 2DP
Tel: 020 7391 4800 Liverpool
Federation House
Hope Street
Liverpool L1 9BW
Tel: 0151 70850117
Tel: 08450 77 77 07
Website: www.dsc.org.uk
Ethnic Minority Foundation (EMF) and the Council of Ethnic Minority Voluntary Organisations (CEMVO)
EMF and CEMVO develop resources for black and minority ethnic organisations, these include networking and training opportunities and a trustee register.
EMF/CEMVO
Boardman House
64 Broadway
Stratford
London E15 1NG
Tel: 020 84320 307
E-mail: enquiries@emf-cemvo.co.uk
Website: www.ethnicminorityfund.org.uk
Institute of Chartered Secretaries and Administrators (ICSA)
ICSA provides information and good practice guidance on governance issues affecting the sector. They also have a trustee register available to charities needing new trustees.
Institute of Chartered Secretaries and Administrators
16 Par Crescent
London W1B 1 AH
Tel: 020 7580 4741
E-mail: info@icsa.co.uk
Website: www.icsa.org.uk
Institute of Fundraising (IoF)
The IoF aims to promote the highest standards of fund-raising practice.
Institute of Fundraising
Market Towers
1 Nine Elms Street
London SW8 5NQ
Tel: 020 7627 3436
E-mail: enquiries@institute-of-fundraising.org.uk
Website: www.institute-of-fundraising.org.uk
National Association for Councils for Voluntary Service (NACVS)
NACVS is the national umbrella body for Councils for Voluntary Service in England. A local Council for Voluntary service provides advice, support and information to voluntary organisations and charities in their area, including help with charity registration. The National Association can put charities in touch with their local CVS.
National Association for Councils for Voluntary Service
3rd Floor Arundel Court
177 Arundel Street
Sheffield S1 2NU
Tel: 0114 278 6636
E-mail: nacvs@nacvs.org.uk
Website: www.nacvs.org.uk
National Council for Voluntary Organisations (NCVO)
Information available on fund-raising and governance issues and a range of general support services.
National Council for Voluntary Organisations
Regent’s Wharf
8 All Saints Street
London N1 9RL
Tel: 020 7713 6161
Helpdesk: 0800 2798 798
E-mail: ncvo@ncvo-vol.org.uk
Website: www.ncvo-vol.org.uk and www.askncvo.org.uk
Rural Community Councils (RCC)
RCCs are county-based charities working to promote the welfare of local communities through voluntary effort and by encouraging people to help themselves. RCCs often have a Village Hall Adviser who will have extensive knowledge of the village halls in their area. They operate under the umbrella of ACRE which can provide relevant contact names and addresses.
VolResource
An internet-only resource for charities that offers quick links to useful organisations concerned with the effective running of charities.
E-mail: info@volresource.org.uk
Website: www.volresource.org.uk
Volunteering England
This is the national volunteer development agency for England and works to promote volunteering as a powerful force for change, both for those who volunteer and for the wider community.
Volunteering England (London office)
Regents Wharf
8 All Saints Street
London N1 9RL
Tel: 0800 028 3304
E-mail: information@volunteeringengland.org
Website: www.volunteering.org.uk
Wales Council for Voluntary Action (WCVA)
The WCVA represents the interests of, and campaigns for, voluntary organisations, volunteers and communities in Wales. It provides a comprehensive range of information, consultancy, funding, management and training services.
Wales Council for Voluntary Action
Baltic House
Mount Stuart Square
Cardiff Bay
Cardiff CF10 5FH
Tel: 029 20431700
Helpdesk: 0870 607 1666
E-mail: enquiries@wcva.org.uk or help@wcva.org.uk
Website:www.wcva.org.uk
Countryside Agency
The Countryside Agency is the statutory body established to conserve and enhance the countryside and to promote social equity and economic opportunity for all who live there and to help everyone, wherever they live, enjoy the countryside. A means of delivering this service is grant aid including the Active Communities initiative enabling local people to tackle the issues facing their rural communities.
Countryside Agency
South East Region
Dacre House
19 Dacre Street
London SW1H 0DH
Tel: 020 7340 2900
Website: www.countryside.gov.uk
HM Customs and Excise
Provides information relating to VAT queries. Refer to your local telephone directory for contact details. General information is available from:
Tel: 0845 0109000
Website: www.hmce.gov.uk
Inland Revenue (IR)
Provides information on trading and tax issues relating to charities.
IR Charities
Room 140
St John’s House
Merton Road
Bootle
Merseyside L69 9BB
Tel: 0151 472 6036 / 6037 (forms) 0845 3020203 (general enquiries)
Website: www.inlandrevenue.gov.uk
Land Registry
Provides information on issues relating to land, for example registering title. Refer to the website or your local telephone directory for contact details. General information is available from:
Tel: 0207 917 8888
Website: www.landreg.gov.uk
Charity Finance
3 Rectory Grove
London
SW4 0DX
E-mail: rcoley@charityfinance.co.uk
Website: www.charityfinance.co.uk
Subscriptions tel: 020 7819 1200
Charities Management
Mitre House Publishing
The Clifton Centre
110 Clifton Street
London EC2A 4HD
Subscriptions tel: 020 854 27766
Charity Times
Website: www.charitytimes.com
Subscriptions tel: 020 7426 0496 / 0123
Community Affairs Briefing
E-mail: mail@corporate-citizenship.co.uk
Website: www.corporate-citizenship.co.uk/publications
Fax: 020 7945 6138
The Guardian / Society
Website: www.SocietyGuardian.co.uk
Third Sector
Email: subscriptions@haynet.com
Website: www.thirdsector.co.uk
Subscriptions tel: 020 8606 7500
Voluntary Sector
Contact NCVO for details - see above.
Brown. S. (2003) The Role of the Community Building (ACRE)
Cabinet Office (2002) Private Action, Public Benefit: A review of Charities and the Wider Not-For Profit Sector
Charity Commission, (2001) Acquiring Charity Land (CC33)
Charity Commission, (2002) Amending Charities’ Governing Documents: Orders and Schemes (CC36)
Charity Commission, (2003) The Charity Commission and Regulation
Charity Commission, (2001) Charities and Trading (CC35)
Charity Commission, (2003) Choosing and preparing a government document (CC22)
Charity Commission, (2003) Collaborative Working and Mergers (RS4)
Charity Commission, (2002) Disaster Appeals (CC40)
Charity Commission (2003) Disposing of Charity Land (CC28)
Charity Commission, (2003) Expenditure and Replacement of Permanent Endowment (CC38)
Charity Commission, (2004) Hallmarks of an Effective Charity (CC60)
Charity Commission, (2004) Membership Charities (RS7)
Charity Commission, (2003) Milestones: managing key events in the life of a charity (RS6)
Charity Commission, (2002) The Official Custodian for Charities’ Land Holding Service (CC13)
Charity Commission, (2003) Payment of trustees (CC11)
Charity Commission, (2001) Providing Alcohol on Charity Premises (CC27)
Charity Commission, (2000) The Recreational Charities Act 1958 (RR4)
Charity Commission, (2003) Reserves (RS3)
Charity Commission, (2002) Responsibilities of Charity Trustees (CC3)
Charity Commission, (2000) Small Charities: Alteration of Trust, Transfer of Property, Expenditure of Capital (CC44)
Charity Commission, (2003) Small Charities and Reserves (RS5)
Charity Commission, (2002) Trustee Recruitment, Selection and Induction (RS1)
Charity Commission, (2001) Use of Church Halls for Village Halls and Other Charitable Purposes (CC18)
Charity Commission, (2000) Users on Board: Beneficiaries who become trustees (CC24)
CVS Consultants, (2003) Final Report to the Community Fund “Evaluation of Grants for Community Buildings
Dyer. F & Jost. U, (2002) Recruiting Volunteers: Attracting the People you Need (Directory of Social Change).
Hayes, R & Reason, J (2004) Voluntary but not Amateur: a guide to the law for voluntary organisations and community groups, 7th.ed. LVSC
Home Office, (2004) Change up: Capacity Building and Infrastructure Framework for the Voluntary and Community Sector
Macmillan. R, (2003) County Durham Community Buildings Survey 2003 One Voice Network
Marriott. P, (1997) The Role of Community Buildings (Community Matters – out of print)