Recent Developments in Charity Law: New Guidance, Charities Act 2022, Supreme Court Judgments, and More

In recent months, the charity law landscape has seen significant developments, including new guidance from the Charity Commission, the implementation of provisions from the Charities Act 2022, and key judgments from the courts and tribunals. Here are some of the highlights:

1. New Charity Commission Guidance:
The Charity Commission has released updated guidance on investment and social media. The guidance emphasizes the importance of having a social media policy in place for charities and outlines trustees’ legal responsibilities in relation to social media usage. Charities with investments or a social media presence are advised to review this new guidance.

2. Implementation of the Charities Act 2022:
Several provisions of the Charities Act 2022 came into force in June, including rules on permanent endowment, charity land, charity names, and connected persons. These changes have implications for property disposals and other aspects of charity operations.

3. London Borough of Merton Council v Nuffield Health:
The Supreme Court ruled in favor of Nuffield Health in a case concerning eligibility for mandatory charity rates relief. The court found that Nuffield Health was entitled to business rates relief at its sports club in Merton, highlighting the importance of the public benefit test in assessing charity eligibility.

4. Mermaids v Charity Commission & LGB Alliance:
The First-tier Tribunal issued a judgment in a case involving Mermaids and the Charity Commission’s decision to register LGB Alliance. The tribunal provided guidance on who can appeal decisions of the Charity Commission and refrained from making a decision on LGB Alliance’s charity status.

5. The National Security Act 2023:
The National Security Act 2023, which includes the Foreign Influence Registration Scheme (FIRS), received Royal Assent in July. The FIRS requires registration of arrangements for political influence activities conducted at the direction of a foreign power. Charities with connections to foreign powers should be aware of their obligations under this new legislation.

These developments highlight the evolving legal landscape for charities and underscore the importance of staying informed and compliant with regulatory changes. For more detailed information on these developments, readers are encouraged to refer to the relevant sources and seek legal advice tailored to their specific circumstances.