legal

Legal Responsibilities at a Glance

To help guide you through some key areas of law that affect the organisation and the Management Committee, we've provided brief introductions below.

There is a link for each, where you can access more information and key contacts.  At the end of this section is a list of helpful websites for official information and advice, and suggestions for further reading.

Legal

Members of the Management Committee of are equally  responsible in law for the actions and decisions of the committee.  They are responsible for ensuring that the organisation complies with the law in all aspects of its work, this may include a wide range of activities from finance to service delivery aspects such as insurance, food hygiene or child protection.  There is a wide range of different information on the DIY Committee Guide in relation to the different aspects of legal responsibility.

Duty of Care

This duty of care may be breached through individual action (or failure to act) by management committee members, staff or volunteers, or through the activities of the wider organisation.

Skills Audit

Management committee/board members should have or ensure that they have access to the diverse range of skills, experience and knowledge needed to run the organisation effectively.

The responsibilities of the management committee vary widely and it is unlikely that each member will possess all the skills, experience and knowledge required. Indeed, some committee members may have been recruited specifically for their skills in a particular area. However, you should ensure that, as a collective, the committee holds the necessary expertise.

Legal Duties

Members of the Management Committee of are equally  responsible in law for the actions and decisions of the committee.  They are responsible for ensuring that the organisation complies with the law in all aspects of its work, this may include a wide range of activities from finance to service delivery aspects such as insurance, food hygiene or child protection.  There is a wide range of different information on the DIY Committee Guide in relation to the different aspects of legal responsibility.

Membership

Membership organisations should maintain an up-to-date registry of its members. If your organisation is a company limited by guaranteed you have a statutory obligation to maintain your membership records.

What is your membership structure?

Your governing document will generally provide information on membership, including:

Changing Your Governing Document

Scenario - Organisational Growth

Ballycharity Community Association was set up five years ago.  Over the years the organisation's services have proven very popular.  Therefore, it has expanded its activities to meet additional needs in the community.  For example, the organisation set up a crèche for infants.  However, the organisation's constitution states that it has been established to benefit "young people between the ages of 13 and 24 years old."  Therefore, the organisation is working outside its remit. 

Safeguarding Children, Young People and/or Adults at Risk Help! Sheet

The Management Committee is ultimately responsible for ensuring that these obligations are met. By so doing, they will help to safeguard, not only these vulnerable groups, but also the organisation, its staff and its volunteers.

The obligations placed on organisations are designed to ensure that they:

a) recruit suitable people to care for children, young people and adults at risk; and

b) operate on the basis of good practice policies and procedures in order to minimise the risk of harm to those in their care.