The Role Of The Charity Commission And Public Benefit

Author : Great Britain. Parliament. House of Commons. Public Administration Select Committee
Publisher : The Stationery Office
Page : 238 pages
File Size : 55,8 Mb
Release : 2013-06-06
Category : Electronic
ISBN : 021505878X

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The Role of the Charity Commission and Public Benefit by Great Britain. Parliament. House of Commons. Public Administration Select Committee Pdf

This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.

Author : Great Britain: National Audit Office
Publisher : The Stationery Office
Page : 52 pages
File Size : 51,5 Mb
Release : 2013-12-04
Category : Social Science
ISBN : 0102987165

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National Audit Office - Charity Commission: The Regulatory Effectiveness of the Charity Commossion - HC 813 by Great Britain: National Audit Office Pdf

The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.

Author : Daniel Halliday,Matthew Harding
Publisher : Taylor & Francis
Page : 229 pages
File Size : 43,8 Mb
Release : 2022-06-30
Category : Business & Economics
ISBN : 9781000598346

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Charity Law by Daniel Halliday,Matthew Harding Pdf

This book investigates and critically evaluates the concept of public benefit within charity law in the common law world. In the course of the study the book: provides a rich account of how the concept of public benefit has developed over time in charity law jurisprudence; deepens understanding of the aspects of public benefit that remain poorly understood even today; and suggests ways in which public benefit jurisprudence might develop in an orderly and principled way so as to better address some of the core concerns of charity law and the public policy objectives that lie behind it. The book includes contributions from world leading charity law experts and jurists. Each chapter reflects on a key aspect of public benefit jurisprudence in charity law. The topics have been chosen carefully to ensure coverage of most if not all of the large unresolved questions relating to public benefit in the common law world. Each chapter is accompanied by a comment, written by an academic expert or leading practitioner. The comments complement the chapters by critically engaging with those chapters and by offering different and thought-provoking perspectives on the subject matter of the chapters. The book will be of interest to academics working in law, philosophy, economics, sociology and political science. It will also provide a valuable resource for legal practitioners and judges, government officials, especially charity regulators, and in the not-for-profit sector itself.

Author : Great Britain. Charity Commission
Publisher : Unknown
Page : 36 pages
File Size : 48,9 Mb
Release : 2008
Category : Electronic
ISBN : 1849220018

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Charities and Public Benefit by Great Britain. Charity Commission Pdf

Author : Mary Synge
Publisher : Bloomsbury Publishing
Page : 288 pages
File Size : 54,8 Mb
Release : 2015-08-27
Category : Law
ISBN : 9781509901531

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The 'New' Public Benefit Requirement by Mary Synge Pdf

This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

Author : Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon
Publisher : Springer Science & Business Media
Page : 627 pages
File Size : 41,6 Mb
Release : 2008-06-27
Category : Law
ISBN : 9781402084140

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Charity Law & Social Policy by Kerry O'Halloran,Myles McGregor-Lowndes,Karla Simon Pdf

Charity Law & Social Policy explores contemporary law, policy and practice in a range of modern common law nations in four parts and from the perspective of how this has evolved in the UK. As progenitor of a system bequeathed to its colonies and after centuries of leadership in developing the core principles, policies and precedents that subsequently shaped its development, the contribution of England & Wales, the originating jurisdiction, is first described and analysed in detail in Parts 1 and 2. These broadly sketch the parameters and role of ‘charity’ – seen as a mix of public and private interests - then address the law’s role in protecting, policing, adjusting and supporting charity. This provides the critical dimensions for the comparative analysis of experience in the common law nations that constitutes the main part of the book. Part 3, in 5 chapters, provides an analysis of the legal functions as they apply to type of need and thereby give effect to social policy in Singapore, Australia, New Zealand, Canada and the United States of America. Part 4 concludes with three chapters that appraise political influence as a factor in aligning charity law with social policy to create a facilitative environment for appropriate charitable activity. Attention is given to the central role of the regulator, contemporary charity law frameworks and definitional boundaries.

Author : Great Britain. Charity Commission
Publisher : Unknown
Page : 24 pages
File Size : 51,6 Mb
Release : 2008
Category : Charities
ISBN : 1849220026

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The Prevention Or Relief of Poverty for the Public Benefit by Great Britain. Charity Commission Pdf

Author : Kathryn Chan
Publisher : Bloomsbury Publishing
Page : 224 pages
File Size : 43,5 Mb
Release : 2016-11-17
Category : Law
ISBN : 9781782258506

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The Public-Private Nature of Charity Law by Kathryn Chan Pdf

Is charity law a 'private law' or a 'public law' subject? This book maps charity law's relationship to the public law-private law divide, arguing that charity law is best understood as a hybrid (public-private) legal tradition that is constantly seeking to maintain an equilibrium between the protection of the autonomy of property-owning individuals to direct and control their wealth, and the furtherance of competing public visions of the good. Of interest to scholars and charity lawyers alike, The Public-Private Nature of Charity Law applies its unique lens both to traditional topics such as the public benefit rule and charity law's rules of standing, and to more contemporary issues such as the co-optation of charitable resources by threatened welfare states and the emergence of social enterprise. 'This book should be read by all who are interested in the respective domains of public and private law. Kathryn Chan brings new light to the divide and reveals the way in which both public and private law inform charity law. The book is subtle, original and rigorous, with an excellent grasp of primary and secondary material.' - Paul Craig, Professor of English Law at the University of Oxford and a Fellow of St John's College 'An original and thought-provoking book which takes the somewhat unruly law of charities and, with great insight and clarity, helps it to find its place on the legal map.' - Mary Synge, Associate Professor in Law at the University of Exeter 'Kathryn Chan's impressive monograph breaks new ground in its analytical approach towards charity in the modern world. Her careful study helps us to understand how charitable enterprises partake of the values and concerns of both public and private law, and to evaluate the strength and weaknesses of different approaches to the governance of charitable enterprises.' - Lionel Smith, Sir William C Macdonald Professor of Law, McGill University

Author : Myles McGregor-Lowndes,Bob Wyatt
Publisher : Taylor & Francis
Page : 300 pages
File Size : 49,8 Mb
Release : 2017-04-07
Category : Business & Economics
ISBN : 9781317190592

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Regulating Charities by Myles McGregor-Lowndes,Bob Wyatt Pdf

In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Author : Barry W. Bussey
Publisher : Anthem Press
Page : 260 pages
File Size : 47,7 Mb
Release : 2020-02-29
Category : Law
ISBN : 9781785272684

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The Status of Religion and the Public Benefit in Charity Law by Barry W. Bussey Pdf

'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.

Author : Great Britain. Charity Commission
Publisher : Unknown
Page : 28 pages
File Size : 43,7 Mb
Release : 2008
Category : Charities
ISBN : 1849220034

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The Advancement of Education for the Public Benefit by Great Britain. Charity Commission Pdf

Author : Francis Gladstone
Publisher : Unknown
Page : 232 pages
File Size : 43,9 Mb
Release : 1982
Category : Law
ISBN : UOM:39015001707903

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Charity, Law, and Social Justice by Francis Gladstone Pdf

Author : Anne-Marie Piper
Publisher : Sweet & Maxwell
Page : 287 pages
File Size : 51,9 Mb
Release : 2012
Category : Law
ISBN : 9781908239112

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Charity Law by Anne-Marie Piper Pdf

Evidence LawBasics, 3rd Edition presents students with a fully updated, compact and concise textbook. This title complements course texts and acts as a highly useful exam revision aid, putting an end to the tendency to rely on scribbled notes and photocopies. This title provides an indispensable guide for any Scots law student of evidence, accurately covering all the necessary topics for a fundamental understanding of the law of evidence as it stands in Scotland.Derek Auchie is a Lecturer in Law at The Robert Gordon University, Aberdeen and is a qualified solicitor.

Author : Myles McGregor-Lowndes,Kerry O'Halloran
Publisher : Edward Elgar Publishing
Page : 297 pages
File Size : 41,5 Mb
Release : 2010-01-01
Category : Law
ISBN : 9781849807975

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Modernising Charity Law by Myles McGregor-Lowndes,Kerry O'Halloran Pdf

In recent years the pressure for charity law reform has swept across the common law jurisdictions with differing results. Modernising Charity Law examines how the UK jurisdictions have enacted significant statutory reforms after many years of debate, whilst the federations of Canada and Australia seem merely to have intentions of reform. New Zealand and Singapore have begun their own reform journeys. This highly insightful book brings together perspectives from academics,regulators and practitioners from across the common law jurisdictions. The expert contributors consider the array of reforms to charity law and assess their relative successes. Particular attention is given to the controversial issues of expanded heads of charity, public benefit, religion, competition with business, government participation and regulation. The book concludes by challenging the very notion of charity as a foundation for societies which, faced by an array of global threats and the rising tide of human rights, must now also embrace the expanding notions of social capital, social entrepreneurism and civil society This original and highly topical work will be a valuable resource for academics, regulators and legal practitioners as well as advanced and postgraduate students in law and public policy. Specialists in charity law, comparative law, and law and public policy should also not be without this important book.

Author : Great Britain. Charity Commission
Publisher : Unknown
Page : 25 pages
File Size : 47,7 Mb
Release : 2009
Category : Accounting
ISBN : 1849220158

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Charity Reporting and Accounting by Great Britain. Charity Commission Pdf