The Role Of The Charity Commission And Public Benefit
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The Role Of The Charity Commission And Public Benefit
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Author : Great Britain. Parliament. House of Commons. Public Administration Select Committee
language : en
Publisher: The Stationery Office
Release Date : 2013-06-06
The Role Of The Charity Commission And Public Benefit written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-06-06 with categories.
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.
Charities And Public Benefit
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Author : Great Britain. Charity Commission
language : en
Publisher:
Release Date : 2008
Charities And Public Benefit written by Great Britain. Charity Commission and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008 with categories.
The New Public Benefit Requirement
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Author : Mary Synge
language : en
Publisher: Bloomsbury Publishing
Release Date : 2015-08-27
The New Public Benefit Requirement written by Mary Synge and has been published by Bloomsbury Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2015-08-27 with Law categories.
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.
Charity Law
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Author : Daniel Halliday
language : en
Publisher: Taylor & Francis
Release Date : 2022-06-30
Charity Law written by Daniel Halliday and has been published by Taylor & Francis this book supported file pdf, txt, epub, kindle and other format this book has been release on 2022-06-30 with Business & Economics categories.
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.
The Role Of The Charity Commission And Public Benefit Post Legislative Scrutiny Of The Charities Act 2006
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Author : Great Britain. Parliament. House of Commons. Public Administration Select Committee
language : en
Publisher:
Release Date : 2013
The Role Of The Charity Commission And Public Benefit Post Legislative Scrutiny Of The Charities Act 2006 written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
The Role Of The Charity Commission And Public Benefit
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Author : Great Britain. Parliament. House of Commons. Public Administration Select Committee
language : en
Publisher:
Release Date : 2013-12-18
The Role Of The Charity Commission And Public Benefit written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-18 with Charities categories.
Charity Commission response to the HC 76, session 2013-14 (ISBN 9780215058782). The Government response published as part of Cm. 8700 (Sept. 2013, ISBN 9780101870023) which also contained its response to Lord Hodgson of Astley Abbotts's review of the Act (2012, ISBN 9780108511875). The Charities Act 2006 (ISBN 9780105450061) is available separately
Public Benefit The Public Benefit Requirement
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Author :
language : en
Publisher:
Release Date : 2013
Public Benefit The Public Benefit Requirement written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013 with categories.
National Audit Office Charity Commission The Regulatory Effectiveness Of The Charity Commossion Hc 813
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Author : Great Britain: National Audit Office
language : en
Publisher: The Stationery Office
Release Date : 2013-12-04
National Audit Office Charity Commission The Regulatory Effectiveness Of The Charity Commossion Hc 813 written by Great Britain: National Audit Office and has been published by The Stationery Office this book supported file pdf, txt, epub, kindle and other format this book has been release on 2013-12-04 with Social Science categories.
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.
Charity Law Social Policy
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Author : Kerry O'Halloran
language : en
Publisher: Springer Science & Business Media
Release Date : 2008-06-27
Charity Law Social Policy written by Kerry O'Halloran and has been published by Springer Science & Business Media this book supported file pdf, txt, epub, kindle and other format this book has been release on 2008-06-27 with Law categories.
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.
Modernising Charity Law
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Author : Myles McGregor-Lowndes
language : en
Publisher: Edward Elgar Publishing
Release Date : 2010-01-01
Modernising Charity Law written by Myles McGregor-Lowndes and has been published by Edward Elgar Publishing this book supported file pdf, txt, epub, kindle and other format this book has been release on 2010-01-01 with Law categories.
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.