The Charity Commission has launched a consultation on its updated guidance for trustees.
The regulatory commission for England and Wales has made some changes to its guide, The Essential Trustee (CC3), in an effort to make the guide as clear as possible and easier for trustees to use so that they are clear on how to comply with their duties as trustees.
The most significant change is a new explanation of what the Commission expects of trustees.
The current guidance distinguishes between what trustees 'must' do (legal requirements) and what trustees 'should' do (good practice). This difference has been unclear for some trustees who considered good practice as optional. The new guidance makes it clear that trustees must comply with specified good practice or be at risk of breaching their legal duties. The exception is when a trustee can justify why they are not complying, such as complying in a different way.
The Charity Commission says that the changes will help it deal more effectively with cases of negligence or deliberate wrongdoing.
Other changes include:
The introduction of the Charitable Incorporated Organisations.Better layout for reading online (printable version available).Linking to other guidance to avoid repetition.Reflecting the commission's current position and priorities as charity regulator.Highlighting what can go wrong and how to avoid it.Emphasising that it is for all charity trustees, not just trustees of registered charities.
The consultation can be found on the GOV.UK website
Responses are due by 17 February 2015.
The final version is expected to be published in spring 2015.