# Governance Code consultation ends with Charity Commission proposal to withdraw CC10 in response to overhaul

- Link: https://fundraising.co.uk/2017/02/16/governance-code-consultation-ends-charity-commission-proposal-withdraw-cc10-response-overhaul/
- Published: 2017-02-16T09:32:22+00:00
- Author: Melanie May

**The Charity Commission has announced a proposal to withdraw its publication _The
Hallmarks of an Effective Charity_ (CC10) in response to the Charity Governance 
Code overhaul.**

The consultation into the proposed changes to the Code ended on 3^(rd) February,
and the Charity Commission has issued a [response](https://www.gov.uk/government/publications/new-code-of-governance-consultation-a-response-from-the-charity-commission-for-england-and-wales)
to this, stating that instead of using [CC10](https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/387134/CC10_LowInk.indd.pdf),
it proposes instead to refer charities to the Code as setting out relevant standards
of good practice.

The Charity Commission has also said that it will consider further how it can take
account of charities’ consideration and application of the Code in its regulatory
interactions with charities and in the requirements and expectations for reporting.

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The overhaul to the Code was announced in November last year during Trustees Week
2016, with proposals for more detailed guidance and a greater focus on delivering
organisational purpose and direction.

#### The 󠀁[draft Code](http://www.governancecode.org/)󠁿 proposals

Proposed new features include recommendations that:

 * Boards will use the code as a tool for continuous improvement, rather than simply
   as an aide to meet minimum standards
 * Boards promote a culture of prudence with resources but also understand that 
   being overcautious and risk averse is itself a risk.
 * Boards take account of wider voluntary sector in making sure that their charity
   operates responsibility and ethically
 * Boards regularly review the external environment and assess whether the charity
   is still relevant. The code recommends trustees consider partnership working,
   merger or dissolution if others are seen to be fulfilling similar purposes more
   effectively.

The code also proposes higher standards in a number of areas, including:

 * Increased expectation in relation to aspects of board composition, dynamics and
   behaviours with explicit good practice recommendations about board size, frequency
   of board performance reviews, and trustees’ terms of office.
 * A new emphasis on the chair’s role in promoting good governance.
 * Emphasis on board diversity, supporting its leadership and decision-making with
   a recommendation that larger charities publish an annual statement of the steps
   they have taken to address the board’s diversity.
 * A presumption that charities should be open in their work, including a public
   register of trustees’ interests, unless there is good reason not to.
 * Recommending that charities use their annual report to say how they apply the
   code and an explanation of any aspects that they do differently.

Mark Lewis, partner and head at [Lodders’](http://www.lodders.co.uk) charity law
team, commented on the changes:

> “The Hallmarks was a key document which set out guidance on standards to help 
> trustees to improve the effectiveness of their charity, and the principles that
> the Commission’s regulatory framework exists to support.
> “The Commission very much endorses the greater emphasis on values and behaviour
> within the new Code but has also conveyed the need for the Code to remain relevant
> to charities of all sizes through achieving the right balance of rigour, challenge,
> flexibility and proportionality.
> “The new Code has an overarching focus on organisational purpose and direction
> supported by an emphasis on key factors including leadership and integrity. As
> well as good decision making and risk management there is a focus on leadership,
> as well as on integrity, diversity, board effectiveness and openness and accountability.”

 * **[Implications of Ilott v Mitson on charities](https://fundraising.co.uk/2017/04/26/implications-ilott-v-mitson-charities/)**(
   26 April 2017)
 * **[New guidelines on financial governance for trustees published](https://fundraising.co.uk/2017/05/15/new-guidelines-financial-governance-trustees-published/)**(
   15 May 2017)
 * **[Charity governance, pay and perception](https://fundraising.co.uk/2017/08/24/charity-governance-pay-perception/)**(
   24 August 2017)

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