News story: Charity automatic disqualification rules: changes to the law

Updated: On 1 August 2018 the law is changing to extend the scope of who will be disqualified from running a charity. If you will be disqualified from acting as a trustee or a charity senior manager (chief executives and finance directors – and those in equivalent roles) you can apply for a waiver before the 1 August.

The rules about automatic disqualification for trustees are changing, more reasons are being added and the rules will also apply to some charity senior manager positions (chief executives and finance directors – and those in equivalent roles).

New reasons for disqualification include being in contempt of court, being named under particular anti-terrorism legislation or being on the sex offenders register.

Individuals

If you’re a trustee or senior manager (at CEO or finance director level) at a charity, check that you’re not going to be disqualified by reading the guidance for individuals.

If you will be disqualified, you can apply to us to get your disqualification waived. Otherwise, from 1 August you must resign if you’re a senior manager. Charity trustees will also have to stop acting in that role.

If you apply for a waiver before 1 August, you won’t be disqualified until you get a decision from us, or the tribunal if you appeal against our decision.

You can read more about how we make waiver decisions.

Charities

Make sure you read the guidance for charities to help you understand what is changing. This guide also includes a handy disqualifying reasons table that you can download.

Ask your trustees to check that they won’t be affected by these changes. Senior managers (at chief executive or finance director level) should also check if the disqualification law will affect them from 1 August.

We’ve produced sample declarations for senior managers and trustees to state that they won’t be disqualified from acting in these positions after the 1 August. You can download these from the preparing for the rule changes section of the charity guidance.

Update the checks you make before appointing someone to any of these positions.

If someone is going to be disqualified, tell them that they can apply to have their disqualification waived. They can find out more in the guidance for individuals.

Further support

Unlock is an independent charity that provides support for people with convictions. They have a dedicated charity page with further advice and support.




News story: David Mundell to promote Scottish trade in New Zealand

Mr Mundell is visiting the North and South Islands to promote UK-New Zealand trade as the UK prepares to forge its way in the world after EU exit. He will also be promoting Scottish food and drink exports and working to strengthen ties between the two countries.

The links between Scotland and New Zealand are well established – Dunedin and Edinburgh are twinned and there is a large and active Scottish population across the country. The two countries have much in common, including rural tourism, agricultural technology, culture and education.

Mr Mundell will visit a variety of locations across New Zealand including Wellington, Christchurch, and of course, Dunedin. He will spend time with academics and government leaders, as well as businesses and entrepreneurs.

Speaking ahead of his visit, Mr Mundell said:

As we embark on a new era for Global Britain this is an important opportunity to promote Scotland and the wider UK overseas.

New Zealand is a country which already enjoys strong ties to Scotland. Our shared history goes back many years and we retain unique business and academic links. I believe our two countries can also learn from each other in areas such as agri-tech and tourism. I am looking forward to visiting Lincoln University’s Research Dairy Farm to witness innovations into agri-tech such as herd welfare and the environmental impact of farming.

I’ll also be meeting senior New Zealand government ministers and business leaders as part of our effort to deepen our links. The visit will be a great opportunity to promote Scotland’s world leading exports such as whisky. Scotland’s skills, products and services are exceptional, and I’m confident this visit will help develop trading opportunities as we leave the EU.

British Deputy High Commissioner Helen Smith said:

We are delighted to be welcoming the Secretary of State for Scotland to New Zealand. Mr Mundell is the third UK Cabinet Minister to visit New Zealand in just over a year, a sign of the strength of our bilateral relationship. Coming so soon after the launch of consultations on a bilateral free trade agreement once we leave the EU, the visit will be an opportunity to further enhance our business links. It will also be an opportunity to celebrate the strength of Scottish heritage in New Zealand and our historical and cultural ties.

UK exports to New Zealand were worth £1.3 billion in 2016, and it is clear that there is a market for high quality goods and products from the UK. While in Wellington Mr Mundell will attend the High Commission’s Annual Parliamentary whisky tasting, which brings together influential businesses and trade figures.

He will also be discussing education links between the University of Otago and Scottish institutions, particularly Strathclyde University, which has a strong program of engagement both with visiting students and research.

Mr Mundell will also spend some time at the University of Otago’s Centre for Irish and Scottish Studies, to hear about their research on linguistics.

In Dunedin, Mr Mundell will meet with several high profile Scottish expats and discuss the strong links between the two countries. The first Scots to visit New Zealand arrived with Captain Cook, and it is thought that as many as 20 per cent of the first wave European settlers there came from Scotland. With a nearly 30,000-strong Scottish diaspora in 2016, it is clear that those connections are still strong.




Press release: Minister for Africa visits Zambia and Malawi

Minister for Africa Harriett Baldwin travelled to Commonwealth countries Zambia and Malawi between 25-28 July, to strengthen relations, and focus on shared prosperity, sustainable development, and joint efforts to tackle climate change and the illegal wildlife trade.

In Zambia, Minister Baldwin and Minister Matthew Nkhuwa signed the Energy Africa Compact, a partnership between the UK and Zambian governments and the private sector to support the growth of the sustainable energy sector. Minister Baldwin announced £22m of new UK aid funding which will support the development of innovative energy solutions and help millions of Zambians access reliable, affordable off-grid solar energy.

Minister Baldwin said:

The warm welcome I’ve received in Zambia shows the deep friendship between our countries.

I have reaffirmed our shared commitment to accelerate sustainable economic development, while ensuring that the poorest and most vulnerable are not left behind.

Partnering with Zambia to deliver a more secure and sustainable energy future will help lift Zambians out of poverty, drive economic development, and tackle climate change.

During her visit, Minister Baldwin met with the Zambian Vice-President Inonge Wina and cabinet ministers.

Minister Baldwin also visited UK aid-supported projects to see how the UK is working with local communities and organisations to support development and reduce poverty. She announced £8.5m to improving access to finance for individuals and businesses, for example expanding mobile money to help businesses and families better manage their finances.

In Malawi, the Minister visited Majete National Park to see how the UK is supporting their efforts to tackle the Illegal Wildlife Trade, a serious organised crime. She met members of the British military who are providing training to park rangers. The UK has also been working with African Parks to improve their communications systems, allowing them to track both animals and poachers more effectively. The Minister met people from nearby communities to see how they can benefit from the running of the Park as the UK works to tackle the crime and corruption the trade causes, which holds back development across the continent.

Minister Baldwin said:

The cooperation between Majete Park Rangers and the British soldiers who are sharing their experience to help them crack down on poachers is a wonderful example of how our two countries can work together to tackle major shared issues, making the world a more secure place.

I have been delighted to visit Zambia and Malawi, close Commonwealth friends, to strengthen our political, trade and development ties. The UK continues to be a steadfast partner for Africa’s peace, security and prosperity.

Whilst in Malawi, Minister Baldwin met with government ministers, opposition party figures, and business and civil society representatives, and visited UK-funded projects. Minister Baldwin announced new UKAid funding to the education sector of £37.5 million to support early grade learning and keep more girls in school.

The UK is a long-standing development partner in both Zambia and Malawi.

Further information

Media enquiries

For journalists




News story: Chairman of Natural England speaks at the Game Fair

Andrew Sells today (Friday 26 July) welcomed efforts by the shooting community to safeguard and conserve hundreds of hectares of land for wildlife, when he spoke at the Game Fair. The Chair of Natural England said despite this work “more needs to be done to ensure there is a balance between shooting and conservation.”

He said:

Sustainably-managed shoots are safeguarding wildlife like curlews and lapwings, reducing flood risk and storing carbon.

Natural England will sign a second agreement with the British Association for Shooting and Conservation this weekend placing sustainable land management at the heart of BASC’s mission and recognising that 70 per cent of land managed by those affiliated to the shooting organisation are Special Sites of Scientific Interest (SSSI).

However, he sounded a note of caution arguing that not all shoots are doing enough to protect the environment from damage.

He said:

Too many shoots seem to have lost sight of the balance between shooting and conservation and the natural environment. Has the size of the day’s bag become the dominant consideration? Are some shoots damaging, rather than enhancing, our natural environment? If so, I hope we can work together to eliminate any such practices.

And the recent terrible wildfires near Manchester have shown moorland managers and keepers bravely joining forces with firefighters to limit environmental damage. I applaud their tireless efforts.

We are also seeing more estates coming into partnership agreements with NE, voluntarily finding ways to enhance environment. These deepening relationships will be vital in joining up prime wildlife sites and achieving goals of 25 Year Environment Plan.




News story: Insolvency Service’s busy yet successful year commended at annual event

Now in its third year, the Insolvency Service’s annual event ‘Insolvency Live!’ welcomed more than 90 delegates to the BEIS Conference Centre in Westminster on Monday 23 July.

Chief Executive Sarah Albon kicked off proceedings welcoming participants and she was followed by the Insolvency Service’s Chairman, Steve Allinson, who reflected on the past year in insolvency.

The Chairman revealed that it’s been a busy year for the Insolvency Service and insolvency has been prominent in the news over the past 12 months with the collapse of a number of high-profile businesses, as well as proceedings taken against several well-known directors.

However, Steve Allinson added that most cases don’t hit the headlines, demonstrating that insolvency affects a substantial number of organisations, employees, creditors and smaller businesses.

The Chairman then highlighted some of the key results from the Insolvency Service’s recently published Annual Report, including the number of Bankruptcy and Debt Relief Orders, successful enforcement outcomes and the millions of pounds returned to creditors.

Next on the agenda was Dr John Tribe of Liverpool University, a senior law lecturer with interests in insolvency law, bankruptcy history and equity and trusts. Dr Tribe’s engaging presentation looked at the use of Company Voluntary Arrangements (CVAs) on the high street, comparing 2018 to previous years.

Central to Dr Tribe’s argument was the idea that while there are low numbers of CVAs with regards to high street businesses, they should be considered as a viable option to help rescue businesses and save jobs.

Following Dr Tribe there were further presentations from the Insolvency Service’s Adjudicator office and Statistics team, as well as a panel discussion focusing on how the Insolvency Service handles complex investigations, with a specific look at Carillion.

Delegates were also given the opportunity to engage with various teams from the Insolvency Service at the Trade Fayre and after lunch people had the choice to attend two separate workshops, one looking at insolvency practitioner regulation and the other exploring whether people are choosing the right debt solutions.

The penultimate presentation was delivered by Sarah Albon, who in contrast to the Chairman, looked at the year ahead.

Sarah Albon spoke about the Insolvency Service’s core purpose of delivering economic confidence and said that over the coming year, we will continue to help build, improve and maintain business and investor confidence and drive responsible business practices to support the Government deliver an economy that works for everyone.

Supporting those in financial distress, tackling financial wrongdoing and maximising returns to creditors remains central to the Insolvency Service. In particular, we will be preparing for Brexit, ensuring the effective oversight of regulatory system for Insolvency Practitioners, centralising in-bound call handling and continue to handle high-profile cases.

The final act of the day was a Q&A session with the Insolvency Service’s Senior Management Team (SMT). Chaired by Steve Allinson, people had been invited beforehand to submit questions to be put to the SMT before the session was opened up to the floor. Questions ranged from will there be changes to forms as a result of Brexit, were there plans to introduce digital creditor applications and the levels of funding for the Insolvency Service’s services.

Commenting on the event, Steve Allinson said:

The past year was a successful one for the Insolvency Service but we should not rest on our laurels as there is still more work to do to ensure the UK has the best insolvency framework to support a strong economy.

I would like to thank everyone who attended and participated in what was a productive and engaging Insolvency Live!, while recognising all the hard work put in by my colleagues to bring this event together – congratulations.