Download or read book National Audit Office Charity Commission The Regulatory Effectiveness of the Charity Commossion HC 813 written by Great Britain: National Audit Office and published by The Stationery Office. This book was released on 2013-12-04 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.

Download or read book The Role of the Charity Commission and Public Benefit written by Great Britain. Parliament. House of Commons. Public Administration Select Committee and published by The Stationery Office. This book was released on 2013 with total page 238 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report into the implementation of the Charities Act 2006 finds the Charity Commission being asked to do too much, with too little. The charitable sector is at the heart of UK society, involving millions of people and £9.3 billion received in donations in 2011/2012. Around 25 new applications for charitable status are received by the Charity Commission every working day. Among the reports findings are: one of the keys tests set by the Charities Act 2006 for determining charitable status-the public benefit test-is critically flawed; the Government should revise the statutory objectives for the Charity Commission, to allow the Commission to focus its limited resources on regulating the sector; the proposal to increase the financial threshold for compulsory registration of a charity with the Charity Commission should be rejected; charities should publish their spending on campaigning and political activity. PASC criticises the way the Charity Commission has interpreted public benefit under the Act. The Committee also considered the impact of face-to-face fundraising, or "chugging"-on the street or on the doorstep-and warns that self-regulation has failed so far to generate the level of public confidence which is essential to maintain the reputation of the charitable sector. The evidence was clear that the regulation of fundraising remains a concern for many members of the public. Two in three people have reported feeling uncomfortable as a result of the fundraising methods used by some charities.

Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Routledge. This book was released on 2017-04-07 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Download or read book Charity Reporting and Accounting written by Great Britain. Charity Commission and published by . This book was released on 2009 with total page 25 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book National Audit Office Charity Commission The Cup Trust HC 814 written by Great Britain: National Audit Office and published by The Stationery Office. This book was released on 2013-12-04 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charity Commission did not properly consider whether The Cup Trust met the key legal requirement of being within the jurisdiction of the High Court of England and Wales before registering it as a charity in 2009, and was slow in handling the case. Earlier this year, the Public Accounts Committee concluded that The Cup Trust had been set up as a tax avoidance scheme. The Cup Trust submitted claims for £46 million Gift Aid on £176 million of payments from participants to the scheme, but gave just £152,292 to charitable causes between April 2009 and March 2013. The Gift Aid claims have not been paid. The Charity Commission did not give sufficient consideration to issues which might have enabled it to open a statutory inquiry into the Cup Trust in March 2011, and that it was slow to appreciate the potential impact of the case on public confidence in charities, which it has a statutory duty to increase. The Charity Commission did not take sufficient account of the scale and nature of the tax avoidance scheme in its case strategy, was narrowly focused on the legal position and paid insufficient attention to the wider issues of public detriment, which it would have been appropriate to pursue further.

Download or read book Public Benefit in Charity Law written by Jonathan Garton and published by OUP Oxford. This book was released on 2013-09-26 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This comprehensive analysis of the legal principles and practical applications of the public benefit test in charity law in the UK provides essential guidance on a fundamental and hotly debated area of law. It also includes comparisons with Australia, Canada, and New Zealand.

Download or read book The Idea of Arbitration written by Jan Paulsson and published by . This book was released on 2013-11 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing a theoretical examination of the concept of arbitration, this book explores the place of arbitration in the legal process and examines the ethical challenges to arbitral authority and its moral hazards.

Download or read book Private Charity and Public Inquiry written by Eleanor L. Brilliant and published by Indiana University Press. This book was released on 2001-01-22 with total page 310 pages. Available in PDF, EPUB and Kindle. Book excerpt: Private Charity and Public Inquiry A History of the Filer and Peterson Commissions Eleanor L. Brilliant The story of two commissions that had a major impact on philanthropic activity and public policy. In the midst of the tumultuous 1960s, the United States Congress turned its attention to issues of tax policy and philanthropy, with special focus on abuses and responsibilities of philanthropic foundations. During the period marked by passage of the Tax Reform Act of 1969, John D. Rockefeller 3rd was one of the staunchest defenders of philanthropy in public and in behind-the-scenes lobbying in Washington. This book is a history of two major commissions initiated by Rockefeller: The Commission on Foundations and Private Philanthropy (1969-1970), dubbed "The Peterson Commission" after its chairman, Peter G. Peterson; and The Commission on Private Philanthropy and Public Needs (1973-1977), headed by John H. Filer, and known as "The Filer Commission." Brilliant analyzes the significance of the two commissions with regard to philanthropy and public policy, and in light of the value that Americans place on voluntary associations. Using original documents of the two commissions, archival material, and extensive interviews with key informants, Brilliant shows how powerful individuals and groups influence tax policy in the United States. Her analysis provides new insights into the two sides of philanthropy doing good and getting rewarded for it through tax benefits. Eleanor L. Brilliant, Professor of Social Work at Rutgers University, teaches courses on social policy, management, organization theory, and women's issues. She is on the Graduate Faculty of Rutgers University and is a member of the Women's Studies Faculty. She is currently Vice President for Administration/Secretary of ARNOVA. Among her major publications are The United Way: Dilemmas of Organized Charity and The Urban Development Corporation: Private Interests and Public Authority. She is completing a national study of women's funds and the Women's Funding Network. Philanthropic Studies -- Dwight F. Burlingame and David C. Hammack, editors Contents Preface Note on Archival Sources Introduction Point and Counterpoint: Charities, New Committees, and Tax Policy Leading to Reform: Patman, Treasury, and Congress The Gathering Storm In Whose Interest? Law and Regulation The Peterson Commission: A Summation After the TRA: Emergence of a New Commission The Filer Commission in Action Filer Commission Follow Up: Missed Opportunities and Emergent New Groups Lessons from the Past and Issues for the Future

Download or read book Equity and Trusts Law Directions written by Gary Watt and published by Oxford University Press, USA. This book was released on 2014 with total page 561 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'Equity and Trusts Law Directions' is an authoritative yet lively text with an emphasis on explaining clearly the key topics covered on equity and trusts courses. Rich learning features demonstrate how the law of equity and trusts is applied in the real world, and why it is such a stimulating and exciting field.

Download or read book The Status of Religion and the Public Benefit in Charity Law written by Barry W. Bussey and published by Anthem Press. This book was released on 2020-02-29 with total page 264 pages. Available in PDF, EPUB and Kindle. Book excerpt: 'The Status of Religion and the Public Benefit in Charity Law' is an apologetic for maintaining the presumption of public benefit for the charitable category ‘advancement of religion’ in democratic countries within the English common law tradition. In response to growing academic and political pressure to reform charity law – including recurring calls to remove tax exemptions granted to religious charities – the scholars in this volume analyse the implications of legislative and legal developments in Canada, the UK, Australia, New Zealand and South Africa. In the process, they also confront more fundamental, sociological or philosophical questions on the very nature and role of religion in a secular society that would deny any space for religious communities outside their houses of worship. In other words, this book is concerned with the place of religion – and religious institutions – in contemporary society. It represents a series of concerns about the proper role of the state in relation to the differing beliefs of citizens – some of which will quite rightly manifest in actions to benefit the wider society. This debate, then, naturally engages with broader issues related to secularism, civic engagement and liberal democratic freedoms.

Download or read book The New Public Benefit Requirement written by Mary Synge and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

Download or read book The Charities Acts Handbook written by Stephen Lloyd and published by Jordan Publishing (GB). This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: "The Charities (Protection and Social Investment) Act 2016 received Royal Assent in March 2016."--Page vii.

Download or read book The Church of England Charity Law and Human Rights written by Kerry O'Halloran and published by Springer Science & Business Media. This book was released on 2014-01-30 with total page 257 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the interface between religion, charity law and human rights. It does so by treating the Church of England and its current circumstances as a timely case study providing an opportunity to examine the tensions that have now become such a characteristic feature of that interface. Firstly, it suggests that the Church is the primary source of canon law principles that have played a formative role in shaping civic morality throughout the common law jurisdictions: the history of their emergence and enforcement by the State in post-Reformation England is recorded and assessed. Secondly, it reveals that of such principles those of greatest weight were associated with matters of sexuality: in particular, for centuries, family law was formulated and applied with regard for the sanctity of the heterosexual marital family which provided the only legally permissible context for any form of sexual relationship. Thirdly, given that history, it identifies and assesses the particular implications that now arise for the Church as a consequence of recent charity law reform outcomes and human rights case law developments: a comparative analysis of religion related case law is provided. Finally, following an outline of the structure and organizational functions of the Church, a detailed analysis is undertaken of its success in engaging with these issues in the context of the Lambeth Conferences, the wider Anglican Communion and in the ill-fated Covenant initiative. From the perspective of the dilemmas currently challenging the moral authority of the Church of England, this book identifies and explores the contemporary ‘moral imperatives’ or red line issues that now threaten the coherence of Christian religions in most leading common law nations. Gay marriage and abortion are among the host of morally charged and deeply divisive topics demanding a reasoned response and leadership from religious bodies. Attention is given to the judicial interpretation and evaluation of these and other issues that now undermine the traditional role of the Church of England. As the interface between religion, charity law and human rights becomes steadily more fractious, with religious fundamentalism and discrimination acquiring a higher profile, there is now a pressing need for a more balanced relationship between those with and those without religious beliefs. This book will be an invaluable aid in starting the process of achieving a triangulated relationship between the principles of canon law, charity law and human rights law.

Download or read book Voluntary But Not Amateur written by Ruth Hayes and published by . This book was released on 2004 with total page 224 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Download or read book Not for Profit Law written by Matthew Harding and published by Cambridge University Press. This book was released on 2014-05-08 with total page 425 pages. Available in PDF, EPUB and Kindle. Book excerpt: The law and policy applicable to the not-for-profit sector is of growing importance around the world. In this book, legal experts address fundamental questions about not-for-profit law from a range of theoretical and comparative perspectives. The essays provide scholarly analysis of not-for-profit law, organised around four themes: (1) Politics, in the broader sense of living as a community, and the narrower sense of political power; (2) Charity, how it is defined and changes in its meaning over time; (3) Taxation, including the rationale for government support of the sector through the tax system; (4) Regulation, which is of increasing significance as governments establish increasingly complex forms of regulation of not-for-profit activity. The fundamental aim of the book is to deepen our understanding of not-for-profit law and of the rationales and modes of government support for the not-for-profit sector.

Download or read book HL 108 HC 813 Draft Protection of Charities Bill written by The Stationery Office and published by The Stationery Office. This book was released on 2015 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee supports the proposal to introduce a power for the Commission to issue a statutory warning to a charity as a useful tool that falls in between issuing guidance and the opening of an inquiry. The statutory warning process should include safeguards on the face of the Bill including limiting the circumstances in which a warning could be ......

Download or read book Joint Committee On The Draft Charities Bill written by Great Britain. Parliament. Joint Committee on the Draft Charities Bill and published by The Stationery Office. This book was released on 2004 with total page 208 pages. Available in PDF, EPUB and Kindle. Book excerpt: The focus of this report is on the voluntary or not-for-profit organisations which are charities, and other organisations with charitable, philanthropic and benevolent purposes, many of which raise funds from the public including campaign groups. The Draft Bill aims to modernize charity law, allowing many campaigning and social justice groups to attain charitable status. In England and Wales 188,739 charities are registered with the Charity Commission, with a total income of £32 billion raised by the major charities. There are 471 charities, 0.29 per cent of those registered, which represent 45 per cent of the total income, two-thirds of charities actually have an income of £10,000 or less. The Joint Committee sets out 54 recommendations and conclusions, among them are: that the Bill should include a definition of religion; that there should be an additional charitable purpose of promoting religion, racial harmony and advancement of culture; that an account should be taken of the loss of assets to a charity, if it loses charitable status; that an independent review should look at the burden of regulation that charities face; that the Charity Commission should inform the charities the reason for any investigation and that compensation and costs can be awarded against the Commission.