Page 7 - ALG Issue 1 2016

The Co-operative Community Bene t Societies Act 2014
Is your Association a limited company registered as an Industrial Provident Society? Then this article is for you.
Is your Association taking on self-management or entering into a new long-term lease and considering becoming a limited company? Then this article is for you.
The new Co-operative Communities Bene t Societies Act (CCBSA) came into force in August 2014. This Act consolidates previous industrial and provident society legislation including:
• Industrial and Provident Societies Act 1965
• Friendly and Industrial and Provident Societies Act 1968
• Co-operative and Community Bene t Societies Act 2003
The Act replaces the ‘industrial society’ legal form and introduces two new legal forms:
• Co-operative Society
• Community Bene t Society
Policy Coverage
There are no exclusions in the Shield Total Insurance allotment policy relating to anyone’s disability. Anybody (able or disabled), whether a visitor or member, who is injured due to the negligence of the allotment association, can sue that association and our policy will respond.
What happens if I have
disabled visitors?
The policy is designed to cover allotment associations where the primary function is to provide allotment plots to their members, supervise the day-to-day running of the allotment area and organise the necessary services and maintenance.
In doing this, insurers expect the association to take appropriate actions to ensure the safety of members and visitors. Danger can never be entirely eradicated, but when assessing what safety precautions need to be taken, you have to take account of members or visitors who suffer a disability that makes them more vulnerable.
There is an expectation of any visitor that a reasonable amount of care has been taken to ensure their safety. If you know that visitors are disabled, the level of care you take has to re ect their greater vulnerability and should consider their speci c needs.
If your association is involved in formal arrangements with organisations specialising in the care of anyone with a disability, you should tell your insurer. This is because your involvement might stretch beyond the usual activities of an allotment and it is important that any questions over coverage are addressed before an incident. For example, insurers do not cover any liability arising from the provision of medical or pastoral care as they would expect these elements to be undertaken by the third party organisation.
We are pleased to be able to inform members that Shield Vantage insurance are offering our members discount on their other products. Quote promo code NAS either online or via the telephone. Visit http://www. shieldtotalinsurance.co.uk/allotment-insurance/ or call 01277 243 054.
• Touring Caravan – 10% • Trailer tent – 5%
• Trailer – 5%
• Motorhome – 5%
• Car – we can offer special rates for cars used as towcars • Camping – cover for your tent and camping holiday from
What action do you need to take
if you registered prior to the 1st August 2014?
Industrial and Provident Societies remain registered but are now deemed ‘pre – commencement societies’ which are referred to as registered societies. The CCBSA does not require you to change your name
even if the words ‘industrial and
provident society’ appear in your
title. Your registration number will
remain the same and you do not
have to change your rules. The
FCA recommend that the next
time you are making amendments to
your rules you could consider changing
references to the Industrial Provident Societies
Act 1965 to the Co-operative and Community Bene t Societies Act 2014.
With regard to letterheads you could now write: [name of your own association] is a registered society under the Co-operative
and Community Bene ts Societies Act 2014. It would be incorrect
to refer to your society as a ‘community bene t society’ registered under the Co-operative and Community Bene ts Societies Act 2014.
Do you need to tell anyone that our existing Society is subject to new legislation ?
As the new Act is a consolidation of previous law, providing the Society/Association refers to itself accurately under the new Act and amends any reference to the previous law on business materials
e.g. letterheads, there is no legal requirement to inform anyone. However, you may wish to inform the Association/Society’s advisors, for example the auditors will need to be aware that any audit carried out post August 2014 will be subject to the requirements under Part 7 of the new Act.
The National Allotment Society (NAS) are currently reviewing and amending our own rules, which will go to the AGM in June 2016. As we also act as a Sponsor for other Associations/Societies to become incorporated under the CCBSA, we will be amending our Sponsorship rules during 2016. These then can be adopted by any Association/Society already registered under NAS Sponsorship.
Any Association/Society registering at present can do so under the current NAS rules registered with the Financial Conduct Authority (FCA). It is important for your Association/Society to consider the options available for incorporation prior to taking on new leases/self- management or ownership of land.
The NAS can offer further detailed advice on this subject, so please email natsoc@nsalg.org.uk or telephone 01536 266576 to discuss your own circumstances.
Liz Bunting Legal and Operations Manager
just £15.50
Legal
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