Running a charity
Running a charity

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

  • Running a charity
  • The duty of care
  • The appointment, retirement and removal of trustees
  • Amending the charity's governing document
  • The role of trustees
  • The use of nominees or the Official Custodian for Charities
  • Compliance
  • Fundraising
  • Other laws and regulation

Running a charity

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. 

In particular, the government has agreed with proposals (a) to give the Charity Commission a power (challengeable by judicial review) to ratify prospectively, with the person’s consent, the appointment of a trustee and (b) to update the mechanisms for making alterations to objects (or, in the case of charities governed by statute or Royal Charter, the relevant charter). The government has accepted the relevant proposals. A recommendation for the financial thresholds in the Charities Act 2011 (CA 2011) to be reviewed every ten years with a view to increasing them by inflation has also been accepted. It is therefore possible that the position set out below in relation to these

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