You are probably reading this because you have just become, or are about to become, a charity trustee. If so, we welcome you and congratulate you. Your skills. 1. The Essential Trustee: What you need to know. Contents. A. Foreword. 2. B. The charity framework in brief. 3. C. Introduction. 4. D. Trustee duties at a glance. It’s a year since we launched the new edition of the Essential Trustee (CC3) and kicked off a campaign to get every trustee to read it.
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The regulator’s updated guidance makes the amendment in response to sector concerns that the previous definition was not consistent with charity law.
The Charity Commission has released a new version of its trustee guidance The Essential Trustee CC3which includes a change to its definition of the word “should”. Sector bodies had raised major concerns about the tone and content of the preliminary redraft of CC3 after c3c was released by the commission in November — and, although several amendments made to the final version have been welcomed, one lawyer said today it trustre represented “regulatory creep”.
Previously, good practice was explained by the guidance as “what trustees should do”. The document also included a clearer layout and links to other commission guidance, and was much shorter than the previous page version at 31 pages.
The Essential Trustee – Charity Commission
In February, a joint response to the consultation by the National Council for Voluntary Organisationsthe Charity Finance Group and the Association of Charitable Foundations said that the new tougher definition of “should” was not “consistent with basic charity law”. They said it “could easily lead to a situation where good practice recommendations from the commission are elevated to and treated as legal requirements that must be met by trustees.
There is therefore a high risk of regulatory creep. The Charity Commission said in March the response to the consultation was “overwhelmingly positive”although it would take the aforementioned concerns into account. The new version of CC3published today, is 39 pages long and defines “should” as “meaning something is good practice that the commission expects trustees to follow and apply to their charity”.
Chris Priestley, a partner at the law firm Withers, who chaired the working party that put together the CLA response, said: Ciaran Price, policy officer at the policy and publishing charity the Directory of Social Changewhich had also been critical of the definition of “should” in the redraft, said the new version did “make a good effort to more clearly explain the very complex issue of the differences between what a trustee must and should do”.
Price said he thought the new version of CC3 “strikes the right balance between providing sound regulatory advice and reflecting the huge value of trustees”.
He praised the commission for listening to the sector.
Stay signed in for 30 days. Trending Third Sector launches free podcast ‘s most popular tweets The best-read stories of Charity Commission’s new version of trustee guidance CC3 changes definition of ‘should’ 10 July by Sam Burne James The regulator’s updated guidance trustfe the amendment in response to sector concerns that the previous definition was not consistent with charity law The Essential Trustee CC3.
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