
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
The Act largely consolidates existing legislation relating to industrial and provident societies (‘IPSs’), which is currently contained within a number of dusty pieces of primary and secondary legislation. Despite this, it is a welcome step, and indicative of political interest in the legal framework for co-operatives in particular. It is also important for those who are involved in the management of a society to be aware of the Act’s key changes:
As we reported earlier this year, some key changes for societies have already been introduced (with effect from 6 April) and will be carried forward under the Act. In summary these changes:-
We understand that the Office for Civil Society has asked the Homes and Communities Agency (‘HCA’) to become the principal regulator for charity law compliance of currently exempt RPs who are also registered societies. The response of the HCA is awaited and it is likely that if the HCA were to decline, such societies would be required to register instead with the Charity Commission. Although this has been widely anticipated for some time, it would remove the current relatively light touch regulation of exempt charities.
Many will be disappointed that the opportunity to make more widespread changes, such as those recommended by Co-operatives UK, has not been taken up. However, the Act does herald a welcome move towards modernising the rather dusty world of IPS legislation.
If you have any queries on the effect of the Act or on the governance of your registered society, please contact:
Gemma Bell on 0121 214 3596 or at gemma.bell@anthonycollins.com; or
David Alcock on 0121 214 3652 or at david.alcock@anthonycollins.com.
Luton Borough Council was prosecuted by the HSE late last year following an incident at a high school in which an assistant headteacher was attacked by a pupil and left with life-changing injuries.
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