Regulation of excepted charities

The following Property practice note provides comprehensive and up to date legal information covering:

  • Regulation of excepted charities
  • The Excepted Church Charity Programme
  • Other groups of churches that have not previously registered
  • Registered places of worship
  • Local Ecumenical Partnerships (LEPs)
  • Armed forces charities
  • Applying for registration
  • The trustee declaration

Regulation of excepted charities

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. 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 in general. Of particular relevance to this Practice Note, the government accepted the recommendations that it periodically review all financial thresholds in the Charities Act 2011 with a view to increasing them, by secondary legislation, in line with inflation. It is therefore possible that the position set out below in relation to this subject, in particular, may be affected by any legislative changes made in due course.

These changes are being implemented by the Charities Bill, which had its first reading in the House of Lords on 26 May 2021. For analysis on the Charities Bill 2021, see News Analysis: Charities Bill 2021—easing charity administration and to follow the passage

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