Charity trustees' functions
Produced in partnership with Francesca Quint of Radcliffe Chambers
Charity trustees' functions

The following Private Client practice note produced in partnership with Francesca Quint of Radcliffe Chambers provides comprehensive and up to date legal information covering:

  • Charity trustees' functions
  • Functions of trustees of charitable trusts
  • Basic powers of charity trustees
  • Holding charity property

Charity trustees' functions

FORTHCOMING CHANGE: On 22 March 2021, the government published its response  to the Law Commission’s report of 14 September 2017, ‘Technical Issues in Charity Law’. The Report stemmed in part from Lord Hodgson’s review in July 2012 pursuant to section 73 of the Charities Act 2006 (ChaA 2006), ‘Trusted and Independent: Giving charity back to charities’. The Report made 43 recommendations, in 12 areas. The Response wholly or partially accepted 38 of the recommendations – including a proposal to give the Charity Commission a power (challengeable by judicial review) to ratify prospectively, with the person’s consent, the appointment of a trustee. For a commentary on the Response please see News Analysis: Government response to Law Commission report ‘Technical Issues in Charity Law’. It is worth bearing the proposals – and the Response – in mind when considering and advising on charity law.

It was announced in the Queen’s Speech 2021 that there will be a Charities Bill in the 2021-22 parliamentary session to implement the above changes.

There are many trusteeship roles which may arise from the structure and administration of a charitable trust, from that of a classic all-purpose trustee, to a far more limited or specialised role such as a bare trustee or nominee.

Functions of trustees of charitable trusts

In the simplest situation there is a single body of individual trustees which, in the case of

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