The Regulator for Charities in England and Wales
1. This concordat is made between the Welsh Assembly Government ("the Assembly") and the Charity Commission for England and Wales ("the Commission"). References to the Assembly include Assembly Ministers and its officials; likewise references to the Commission include Charity Commissioners and their officials.
2. This concordat has no basis in statute and is not intended to be legally binding. However the Assembly and the Commission agree to abide by the provisions and obligations set out in it wherever practicable.
3. A central Memorandum of Understanding (MOU) sets out common provisions for the working relationship between the UK Government and the three devolved administrations and provides a foundation for this concordat. The principles underlying the MOU are:
4. Good working relationships between the Assembly and Government departments are vital to the public interest and the effectiveness of government in Wales. This concordat sets out arrangements for consultation, exchange of information (including the terms on which information is shared), finance, access to services, resolution of disputes and review of relations. The aim of these arrangements is to ensure that the business of government in Wales continues to be conducted smoothly and efficiently. The Assembly and Commission will thus co-operate to the fullest possible extent to achieve this aim; in particular by recognising and taking into account their respective responsibilities and interests.
5. The Assembly and the Commission undertake to consult each other on the matters mentioned in the Annex, and that the nature and timing of such consultation will be in line with the provisions set out in the MOU.
6. The MOU sets out the principles for sharing information. The Assembly and the Commission undertake to comply with these principles in order to ensure that each is aware of, and takes account of, the interests of the other. The information to be shared may include policy papers, analysis and statistics and other factual information. The Annex gives some specific examples of information that will be shared.
7. The exchange of information will be subject to the constraints of confidentiality set out in the MOU and any overriding statutory requirements. In particular, access to UK Government protectively marked material will be given to Assembly Ministers and to officials who have the appropriate security clearance. Where relevant, the provisions of the Official Secrets Act will apply.
8. HM Treasury's Statement of Funding Policy, dated 31 March 1999, sets out the policies and procedures which will underpin the funding arrangements for the Assembly and the other devolved administrations. Where the Commission or the Assembly proposes new policy initiatives and/or changes to existing policy, which may directly or indirectly have financial consequences for the other, it will inform and consult the other in advance. Where additional costs arise from such policy changes, they will be dealt with in accordance with the Statement of Funding.
9. The Assembly and the Commission may provide each other with administrative, professional or technical services under agreements made under section 41 of the Government of Wales Act 1998 "the 1998 Act". Each may charge the other for services but it is agreed that this will not be done in respect of services that have been provided free of charge in the past.
10. The Annex lists the contact points for each of the matters mentioned in it.
11. If the Commission proposes to institute proceedings that include a devolution issue (as defined in Schedule 8 of the 1998 Act), it should, wherever possible, (when that issue relates, or is likely to be of concern, to the Assembly’s functions), give the Assembly notice of its intention and the grounds for its decision. If the Assembly proposes to institute proceedings that include a devolution issue that is concerned with the statutory functions of a public body relating to charities it should, wherever possible, give the Commission notice of its intention and the grounds for its decision.
12. Officials of the Assembly and the Commission will hold an annual liaison meeting to review the concordat. The review may be referred to Assembly Ministers /Commissioners if appropriate. Any changes to this concordat will take effect only if they are agreed in writing by the Assembly and the Commission. The liaison meeting will also review relations between the Assembly and Commission, address any particular points at issue and take a forward look at their respective programmes for legislation and executive action.
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Assembly Contact |
Charity Commission Contact | |
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Policy on the charitable sector | ||
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Development and implementation of policy in respect of charitable activity. The Commission will ensure an opportunity is given for appropriate Welsh representation on any groups it leads whose remit impacts on Wales, consulting the Assembly when the Commission considers necessary. Similarly, the Assembly will ensure an opportunity is given for appropriate Commission representation on any groups it leads whose remit impacts on charities. |
Voluntary Sector Branch |
Policy Division |
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Sharing of statistics | ||
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The Commission will provide the Assembly with data already collected about charitable activity in Wales, and on any other topic where the Commission is or becomes responsible for collecting or compiling data covering Wales. The Commission will consult the Assembly on the geographical areas it uses for collecting and analysing data about Wales. |
Voluntary Sector Branch |
Board Support Team |
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Miscellaneous issues | ||
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All other Commission responsibilities affecting Wales which are not mentioned above and about which the Assembly receives enquiries, representations, etc. information on these issues will often be required for answering correspondence, briefing Assembly Members etc. |
Voluntary Sector Branch |
Board Support Team |