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#1 Posted : 20 November 2007 16:10:00(UTC)
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Posted By John Thompson
Will this new Act apply to Churches and small voluntary organisations?
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#2 Posted : 21 November 2007 10:46:00(UTC)
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Posted By Raymond Rapp
John

The Act applies equally to unincorporated bodies as well as incorporated bodies, save for the odd exception. In other words, charities would be included as they are for general h&s regulations.

Presumably a church organisation would be considered a charity?

Regards

Ray
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#3 Posted : 21 November 2007 10:53:00(UTC)
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Posted By Jim Walker
Be interesting to see Who the "deciding mind" is. :-)) Bishop Pope or higher?

What was that rubbishy film with the foul mouthed Scots bloke?
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#4 Posted : 21 November 2007 12:13:00(UTC)
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Posted By John Thompson
The Man Who Sued God??

Funny film
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#5 Posted : 21 November 2007 14:02:00(UTC)
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Posted By Ron Hunter
My interpretation of the Act and associated opsi guidance is that charitable organisations are excluded, the Act being aimed at companies and commercial organisations?
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#6 Posted : 21 November 2007 14:38:00(UTC)
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Posted By Jim Walker
Ron,

That's got to be wrong!
They spent years arguing about including government bodies ( prisons etc).

Are you saying it does not encompass LAs for instance?
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#7 Posted : 21 November 2007 14:41:00(UTC)
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Posted By Ron Hunter
No. LAs and other public bodies are all included in Schedule 1 of the Act.You can view it on the opsi website and there is a direct link via the HSE page on the topic.
I see no reference to charities though.
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#8 Posted : 21 November 2007 14:48:00(UTC)
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Posted By Chas
If you log on to the Minitry of Justice website and look at their detailed guidance you will see that charities and voluntary organisations are included under the Act, ie they are not exempt. Whether or not the church is a charity for the purposes of this Act is (in my view) still open to question.
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#9 Posted : 21 November 2007 15:53:00(UTC)
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Posted By Max Bancroft
Churches are charities - certainly in Scotland they register with the Scottish regulator of Charities. They are described as Unincorporated Associations. The local church is linked with the "parent" organisation i.e. the diocese for churches organised on episcopal lines. This is also a registered charity. So I guess the law will apply. Unless the courts decide otherwise.
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#10 Posted : 21 November 2007 23:34:00(UTC)
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Posted By Ron Hunter
The draft Bill defined a corporation as including any body corporate, wherever incorporated (except a corporation sole)Partnerships, sole traders, and other unincorporated bodies, such as certain clubs and associations,were to be excluded from the scope of the offence.
The Act as published seems to me to follow this intent, and specifically excludes unincorporated bodies (section 25)?
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#11 Posted : 21 November 2007 23:52:00(UTC)
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Posted By Ron Hunter
as addendum to my last post: with -the exception of those organisations identified in Schedule 1 of the Act.
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#12 Posted : 22 November 2007 12:18:00(UTC)
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Posted By Richard Beevers
Just to add about charities. Many charities - including my employer - are also incorporated companies, and so the full force of the act applies to them.

Perceived 'opt outs' of safety legislation are a common problem within the not-for-profit industry. If you get involved with any voluntary organisation, make this clear to the people in charge from the outset.

Al.
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#13 Posted : 22 November 2007 13:08:00(UTC)
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Posted By Ron Hunter
See also the link below, which has further discussion regarding exclusion of unincorporated bodies. John, I maintain that the answer to your question is no - the Act doesn't apply to you.

http://www.publications....ect/cmhaff/540/54006.htm
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