AVON LOCAL HISTORY ASSOCIATION

A LOCAL HISTORY GROUP AND THE LAW

A local history group with a constitution and a bank account is a body which can do or suffer wrong; and the members of the Committee act and answer for it. Committee members are also in effect Trustees in Charity law. Your Constitution and Charity law limit what your Society may legitimately do; and the officers and/or Committee members may be personally liable for acting outside these limits, even if their acts are not in themselves improper or illegal.

Charitable Status

Your Society is in principle a charity by virtue of its objects. It may not be necessary to register as a Charity, but whether you register or not, the members of the Committee are in effect Trustees. For advice on registration and the duties of Trustees, check out www.charity-commission.gov.uk

Public liability

Members or third parties may sue for injury or damage related to a meeting or visit you organise. Generally you will not be liable if you have taken reasonable steps to ensure safety, and if unavoidable risks have been explained to those involved. But the standard of responsibility is rising all the time. Was there, for example, a formal risk assessment? Was there a First Aider?

If you hire premises or services, check what insurance cover the provider has. You may want to take out your own insurance: the British Association for Local History (www.balh.co.uk) offers a scheme specially for local history societies but it seems to be available only to their members. When there is insurance cover, check out the exemptions, and remember that it is up to you to inform the insurer of any circumstances which might affect the risk.

Tax Liability

Your income is not automatically exempt from tax. The following points may be useful:

To obtain recognition as a charity by the Inland Revenue, send the constitution of the group to: Title Section, Inland Revenue, FICO, Trusts & Charities, St Johns House, Merton Rd, Bootle, Merseyside, L69 9BB
• Accounts should be kept for all transactions. Even if there is no tax liability, or if the authorities are prepared to waive it, there must be some information on which to base the exemption or the waiver.
• You are unlikely to be in any difficulty over the collection and spending of members' subscriptions, provided this is done within the rules and objects of the Society; or over the sale of booklets or entry charges for meetings to non-members. But major public fund-raising can be a different matter. If in doubt, you can check with FICO on 0151 472 6029 or www.inlandrevenue.gov.uk.

Contracts

Oral or implicit contracts are binding and legally enforceable - if they can be shown to exist. Safer to have it in writing! Agreements with third parties, e.g. for the hire of a hall, should always be set out or confirmed in writing. You should also have a written agreement or statement when you get involved in the activities of members or the public - e.g. over the copyright of books you publish, or the ownership of items in collections. Although these activities are unlikely to yield riches, it is always possible that a booklet will 'go Wainwright'; or the postcard offered to a collection bears a rare and valuable stamp. Bristol Record Office can send you two forms to cover loans and donations for a nominal fee.

Data Protection

Information about individuals held on computer is subject to the 1984 Data Protection Act.

• The persons concerned should know what information is held, and what it will be used for, and have agreed to this.
• If it goes beyond mailing and contact lists, it should be registered and a fee is payable. For further information, contact the Data Protection Registrar, Wycliffe House, Water Lane, Wilmslow, SK9 5AF or www.dataprotection.gov.uk.

Caution!

This is very general advice, though we believe it to be sound as far as it goes. We are not putting it forward as a full, authoritative or sufficient guide. It is rather to remind you of areas in which you should be aware of the possible legal implications, act prudently and openly.

If you are in any doubt as to your position, consult the appropriate authorities or seek professional advice before committing yourselves.