By Robert Meakin
This in-depth statement at the Charities Act 2006 outlines the hot standards for qualifying as a charity and examines the idea that of 'public benefit'. the writer, a former Charity fee legal professional who has practised in charity legislation for twenty years, conducts a theoretical and empirical research of the explanations why charitable prestige may be got rid of by way of the Charity fee, appears to be like on the place of charitable estate while associations stop to be charitable and examines the most probably influence of the self sufficient Charity Tribunal at the appeals strategy. The post-Act therapy of debatable charities is usually explored.
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Example text
Chapter 2, pp. 20–22. 90 91 92 93 94 Chapter 3, pp. 75–83. Ibid. Ibid. Ibid. Ibid. Ibid. 96 Chapter 3, pp. 50–52. S. 3 A (1) Charities Act 1993. 98 S. 3 A(2)(d) Charities Act 1993. S. 3 A(2)(b) & (c) Charities Act 1993. See Chapter 3, pp. 50–52 for arguments rejecting this interpretation. 100 The Commission also has protective powers under sections 18 and 19 Charities Act 1993 which might lead it to use its power of removal under section 3(4) Charities Act 1993. 101 They include, inter alia, the appointment and removal of trustees and the appointment of an interim manager.
142 What are charitable purposes? The statutory definition of ‘charity’143 makes it a condition that an institution is ‘established for charitable purposes only’. 149 To explain the full extent of all charitable purposes one has to look beyond the statutory definition to the Preamble to the Statute of Charitable Uses Act 1601150 which reads: The relief of aged, impotent, and poor people; the maintenance of sick and maimed soldiers and mariners, schools of learning, free schools and scholars of universities; the repair of bridges, havens, causeways, churches, sea banks and highways; the education and preferment of orphans; the relief, stock or maintenance of houses of correction; marriages of poor maids; supportation, aid and help of young tradesmen, handicraftsmen and persons decayed; the relief or redemption of prisoners or captives and the aid or ease of any poor inhabitants concerning payments of fifteens, setting out of soldiers, and other taxes.
171 An example of this approach is Public Concern at Work172 which was established to promote ethical standards in the workplace including advice to potential whistle blowers. An analogy was drawn with charities with purposes tending to promote the mental or moral improvement of the community and to charities promoting compliance with the law. Another example is Business in the Community173 which was registered with objects to advance industry and commerce for the benefit of the public through making advice, training and support available to local bodies which assisted individuals setting up businesses, particularly in areas of high unemployment.