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Charities: Miscellaneous

What are the miscellaneous matters covered in this group, and why should trustees use the documents in this group ?

A guidance note in this group outlines the law and practice on “ex gratia” payments , i.e payments made by a charity to any person or organisation where there is there is a moral (but no legal) obligation to do so. This note takes account of relevant changes in the law that became effective on 27 November 2025. Familiarisation with this note can help ensure that your charity complies with the relevant law.

This group also contains various templates that can be used to agree the terms of engagement of volunteers by a charity, to establish the rules that will apply to working with a volunteer fundraising group, and dealing with volunteers' expenses.  Use of these documents can help to avoid liability or other adverse legal consequences arising from uncertainty as to the basis on which a charity engages with its volunteers.

Sometimes a charity may, for a fee, need to hire premises from another person or organisation for one or more short periods (as distinct from taking a lease for a period). Alternatively, it might wish to make available all or part of its own premises to another organisation in return for a fee. In either case, using one of the hire documents in this group can help avoid liability or other legal pitfalls arising from failure to fully and accurately document a premises hire arrangement.

This group also includes a template agreement for use when a charity needs to buy in any (non-fundraising related) consultancy services from another person or organisation. Use of this template can help avoid liability or other adverse legal consequences arising from a failure to agree any or appropriate terms on which services are procured.

General

Charities might easily overlook the importance of fully and correctly considering and handling the legal aspects of the topics covered in this group. Trustees are recommended to familiarise themselves with the matters covered by it.

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Frequently Asked Questions

Someone says our charity morally owes them money, but there is no legal claim. Can we pay? +
Sometimes, through an ex gratia payment: a payment the trustees feel a moral obligation to make despite no legal duty, the classic case being returning a legacy where the deceased clearly changed their mind. The law changed on 27 November 2025: trustees can now make smaller ex gratia payments without Charity Commission consent, within limits set by the charity's income, with larger payments still needing authorisation. The Ex Gratia Payments guidance note covers the new regime in full.
Do our volunteers need to sign anything? +
A volunteer agreement is worth having, but drafted with care: it should describe the arrangement and expectations without creating the obligations and payments that turn a volunteer into an employee or worker, with the rights that follow. Reimbursing genuine expenses is safe; perks and fixed commitments are where status risk creeps in. The Charity Volunteers sub-folder provides long and short form agreements built around that line, plus the expenses policy and claim form.
We hire out our charity's hall, and sometimes hire rooms elsewhere. Do we need special agreements? +
Yes, matching the direction of the deal. Hiring out your premises needs terms protecting the charity: permitted use, fees, damage, insurance and cancellation, without accidentally granting tenancy rights. Hiring rooms as a charity needs the mirror protections. Regular commercial letting can also raise trading and tax questions worth advice. This group provides both versions, hire of a room or hall from a charity and to a charity, drafted for one-off and recurring hires.
Why would a charity need its own agreement for buying in services? +
Because supplier standard terms protect the supplier. When a charity procures services, consultancy, maintenance, IT, its agreement should protect charitable funds: clear deliverables and fees, termination rights if the service fails, data protection terms and no commitments beyond what trustees authorised. The Agreement for a Charity to Procure Services in this group is drafted from the charity's side for non-fundraising services; fundraising services have their own regulated agreements elsewhere.

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