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how
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legal structure / legal issues
This section
is intended as a guide only and does not constitute
legal advice or replace or supersede any advice or rulings
from Statutory Authorities or the Legal Profession.
Reference must be made to all the appropriate authorities
to ensure that you comply with all the appropriate legislation.
In developing
your resource centre you will have to consider a number
of legal issues and take appropriate action if you are
to operate safely and within the law. There is a whole
raft of legislation associated with running a public
building such as Health and Safety, Fire regulations
and Disabled access
Most of these
can be dealt with by an Architect or your Local Council.
An excellent book on the subject is "Plan, Design and
Build, 21st Century Halls" published by ACRE.
You will also
have to be covered by Public Liability insurance to
protect against accidents to users of the centre. A
good insurance broker can advise on this.
Once you are
up and running, other legalities may affect you, and
you should plan for these at funding application stage
because yo will be asked how you will comply:
Data
protection
If names and
addresses of living persons are kept on computer, it
will be necessary to register under the Data Protection
Act with the Data Protection Registrar . Tel 01625 545
740
Copyright
Your organisation
may need a policy on the use of hardware and software
which should be displayed. Clients should not be permitted
to copy or install software (except shareware), though
they may bring and take away their own data or data
which is in the public domain.
You will need
to ensure that you hold adequate copies/licences of
programmes in the organisation's own name for public
use and training. It may be possible to obtain cheaper,
educational licences for some packages.
It is suggested
that copyright guidelines are displayed above or close
to the photocopier. A good guideline is that a single
copy of no more than 10% of a publication, or 20 pages
or one chapter, may be copied, which ever is less. A
poster explaining these restrictions is available from
ASLIB.
Health
and Safety
The
building should be passed for Health and Safety purposes
by the Local Authority. The most important Health and
Safety guidelines to implement include: Cleanliness,
hygiene and welfare, safety, comfort.
You will have
to take account of a range of issues including:
- Access to
the site, parking and turning
- Emergency
access and escape routes
- Catering legislation
including the Food Safety Act (whether or not your
premises is registered as food premises), if you intend
to use the kitchen for anything more than tea, coffee
and biscuits.
- Furniture
- especially height and type of desks and chairs as
related to use of a VDU
- Computer screens:
glare, quality, tiltable screens and so on
Areas of special relevance
to ICT businesses will include: adequate heating, ventilation
and lighting; correct use of machinery; care over wiring,
trailing leads and sockets; safety and suitability of
furniture.
A First Aid Kit should
be held on the premises and an Accident Book maintained.
Fire procedures should be displayed and exits clearly
marked in accordance with the appropriate legislation;
fire extinguishers should be mounted and maintained
as advised by the Fire Officer. A maximum number of
people within the building at any one time will be applied
and must be observed.
For more advice contact
your local authority or visit the Health
and Safety Executive's
website.
Equal
opportunities
You must demonstrate that
you are giving everyone the same right in using your
centre and accessing your services. A new Human
Rights Act comes into
force in October 2000 which Public Authorities must
comply with. If you employ people you must make sure
that neither your advert nor the interview process discriminates
against any sections of society, and that the terms
and conditions of employment are fair to all.
Disabled
access
In the UK, you
must build in disabled access - don't forget parking
spaces - and have at least one disabled loo - also consider
safe floor surfaces and textured surfaces to help those
with poor sight, and space for wheel chair users in
the kitchen and through doorways. You can get advice
from your Local Council in the UK - or your architect
will advise.
You can get advice
from:
Describing
the services offered
Care should
be taken in describing the services supplied and the
machines available for hire. A clear statement of prices
and payment terms should be displayed. Relevant Acts:
Sale of Goods Act, Consumer Protection Act, Descriptions
Act 1968
Employment
Law
There
is a New Employer's Helpline (0845 61 43 143) which
you can ring to get advice and an Employer's Helpline
(0345 143 143). You can get further advice from your
local Inland Revenue office or the website of the
Inland
Revenue
Freelance
Staff
Great
care must be taken to distinguish between a Contract
of Service (i.e. employment, where tax is deducted under
the PAYE system) and a Contract for Services (i.e. issued
to an independent supplier).
Rules
are not clear cut; employment and self-employment are
not defined in law. You can contact your local Tax Office
and ask for their comments on sample contracts to be
issued to, for example, freelance trainers.
There
is new legislation being introduced about Personal Service
Companies to stop the avoidance of tax and national
insurance contributions through the use of personal
service companies (i.e.. a company set up by one or
more individuals who then hire out their services through
the company they control). The Inland
Revenue will
be publishing detailed guidance.
Insurances
The
organisation must meet the legal requirements for insurance
and be adequately protected. You will need to contact
a registered insurance broker or independent financial
advisor to obtain quotes for insurance and to ensure
that the business or project is adequately covered.
The
organisation will need Public Liability Insurance to
protect the organisation from claims for damages from
visitors to the premises.
Employer's
Liability is legally required if you are employing staff
and the certificate must be displayed.
Other
insurances can be taken out to cover theft, fire, contents,
professional liability and other risks as appropriate.
VAT
Registration
If
the turnover of the project exceeds the current limit
you will need to register for VAT and charge VAT on
all sales, where appropriate. You may also consider
a voluntary registration to be able to reclaim VAT on
purchases. Government guidance is available on their
website,
or visit your VAT office, or talk to a good accountant.
Other
help
You
will find other useful links on the
links
page.
how
to / create centres /
legal structure / legal issues
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