A party seeking to restrict another's commercial activities must consider whether such terms are normal in similar, factual and contractual circumstances.
Key proposals in the consultation, which can be found here (see A-Z of projects > Charity Law), include:-
- simplifying the process for a Royal Charter charity wishing to amend its governing document;
- extending the statutory power for smaller unincorporated charities to amend their charitable purposes and administrative provisions;
- simplifying the process of dealing with the proceeds of failed fundraising appeals;
- significantly altering the regime in relation to the disposal of interests in land by charities;
- extending the financial threshold within which the capital in a permanent endowment fund can be expended where the trustees consider it appropriate to do so;
- providing a statutory power to allow a charity to remunerate a trustee in relation to the supply of goods to the charity (subject to certain safeguards);
- simplifying the regime in relation to ex-gratia payments by charities;
- revising the arrangements in relation to charity mergers (including incorporations) which would ensure that any legacy to a charity which has merged or incorporated would automatically transfer to the merged/incorporated charity;
- giving the Charity Commission new powers to require a charity registering with the Commission to change its name in some circumstances and to determine the identity of a charity’s trustees; and
- clarifying some processes in relation to the Charity Tribunal.
The aim of the proposed changes is reduce bureaucracy for charities whilst maintaining sufficient safeguards to protect public trust and confidence. Some of the proposed changes if brought into law will represent the most significant change in charity law since the Charities Acts in 1992 and 1993. We have submitted a full response to the consultation - [media type="link" id=651]. The Law Commission will publish its response to the consultation along with a draft Bill in 2016. The Bill would then need to go through the Parliamentary process and so a new Charities Act is unlikely before late 2016 or more likely into 2017.
For more information
Contact Phil Watts.
This ebriefing considers the Government’s proposals for challenges, as set out in Chapter 7 of the Green Paper entitled 'Fast and fair challenges'.
We’re delighted to announce that we have been ranked in the top five national legal advisers in the Top 3000 Charities 2021 directory.
The Law Commission published its report on Technical Issues in Charity Law in September 2017 following a public consultation.
Changing charitable purposes and amending governing documents.
Charity registration financial thresholds.
One of the stated aims of the Green Paper is “to deliver the best commercial outcomes with the least burden on the public sector".
The proposals concerning dynamic purchasing systems (DPS) and framework agreements are the most disappointing aspect of the Green Paper.
Family team partner, Elizabeth Wyatt, is delighted to congratulate Kadie Bennett for attaining Resolution Specialist Accreditation in both children law - private and complex financial remedy matters.
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