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ARTICLE · 14 SEPTEMBER 2009

Update On Legal Developments For NHS Charities

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The Charity Commission has recently published specific guidance for trustees of NHS charities on the management of their charitable funds, with a view to maintaining their independence.

United KingdomCorporate/Commercial Law
Alison Paines
Alison Paines
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The Charity Commission has recently published specific guidance for trustees of NHS charities on the management of their charitable funds, with a view to maintaining their independence. The guidance applies to all trustees of such funds, whether they are NHS Foundation Trusts and NHS Trusts acting as corporate trustees or individual bodies of trustees, but is of particular relevance to corporate trustees.

Background

This guidance arises out of discussions between HM Treasury, the Charity Commission and the Association of NHS Charities of a particular accounting issue.

International Accounting Standard 27 requires the preparation of consolidated accounts for a group of entities under the "control" of a parent. Control is defined as "the power to govern the financial and operating policies of an entity so as to obtain benefit from its activities". This led some to conclude that NHS charitable funds would need to be consolidated with the other funds of the NHS

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