The Charities Act 2011 (CA 2011) needs to be consulted in order to determine the meaning of both ‘charity’ and ‘charitable purpose’ as well as ‘charity trustees’. It also defines the word 'trust' in relation to charities particularly as there is a distinction between a charity and a charitable trust.
An organisation whose objects do not comply with the definition of one or more of the thirteen charitable purposes set out in the CA 2011 while also satisfying the requirement of being for the public benefit cannot be a charity nor a charitable trust.
The requirement of ‘public benefit’ is a cornerstone of the classification of charitable purpose under CA 2011. There are two separate statutory elements to the concept of public benefit—one applicable to the Charity Commission and the other to charity trustees.
See Practice Note: Charity terms and their meaning.
For the purposes of the law in England and Wales, charity means an organisation established for charitable purposes only and falls to be subject to the control of the High Court in the exercise...
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