Property Law Statutes 2012-2013

Russell Hewitson

• Publisher: Routledge
• Year: 2012
• Print ISBN: 9781138461192
• eBook ISBN: 9781135877439
• Edition: 4
• Topic: Law
• Subtopic: Law Theory & Practice
• Index: Law

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CHARITIES ACT 2011
(2011 c 25)

PART 1	Meaning of “Charity” and “Charitable Purpose”
PART 2	The Charity Commission and the Official Custodian for Charities
PART 3	Exempt Charities and the Principal Regulator
PART 4	Registration and Names of Charities
PART 5	Information Powers
PART 6	Cy-près Powers and Assistance and Supervision of Charities by Court and Commission
PART 7	Charity Land
PART 9	Charity Trustees, Trustees and Auditors etc
PART 10	Charitable Companies etc
PART 13	Unincorporated Charities
PART 17	The Tribunal
PART 18	Miscellaneous and Supplementary
SCHEDULE 1	The Charity Commission
SCHEDULE 2	The Official Custodian
SCHEDULE 3	Exempt Charities

Part 1 MEANING OF “CHARITY” AND “CHARITABLE PURPOSE”

Chapter 1 GENERAL CHARITY

1 MEANING OF “CHARITY”

(1) For the purposes of the law of England and Wales, “charity” means an institution which—

(a) is established for charitable purposes only, and

(b) falls to be subject to the control of the High Court in the exercise of its jurisdiction with respect to charities.

(2) The definition of “charity” in subsection (1) does not apply for the purposes of an enactment if a different definition of that term applies for those purposes by virtue of that or any other enactment.

Charitable purpose

2 MEANING OF “CHARITABLE PURPOSE”

(1) For the purposes of the law of England and Wales, a charitable purpose is a purpose which—

(a) falls within section 3(1), and

(b) is for the public benefit (see section 4).

(2) Any reference in any enactment or document (in whatever terms)—

(a) to charitable purposes, or

(b) to institutions having purposes that are charitable under the law relating to charities in England and Wales,

is to be read in accordance with subsection (1).

(3) Subsection (2) does not apply where the context otherwise requires.

(4) This section is subject to section 11 (which makes special provision for Chapter 2 of this Part onwards).

3 DESCRIPTIONS OF PURPOSES

(1) A purpose falls within this subsection if it falls within any of the following descriptions of purposes—

(a) the prevention or relief of poverty;

(b) the advancement of education;

(c) the advancement of religion;

(d) the advancement of health or the saving of lives;

(e) the advancement of citizenship or community development;

(f) the advancement of the arts, culture, heritage or science;

(g) the advancement of amateur sport;

(h) the advancement of human rights, conflict resolution or reconciliation or the promotion of religious or racial harmony or equality and diversity;

(i) the advancement of environmental protection or improvement;

(j) the relief of those in need because of youth, age, ill-health, disability, financial hardship or other disadvantage;

(k) the advancement of animal welfare;

(l) the promotion of the efficiency of the armed forces of the Crown or of the efficiency of the police, fire and rescue services or ambulance services;

(m) any other purposes—

(i)	that are not within paragraphs (a) to (l) but are recognised as charitable purposes by virtue of section 5 (recreational and similar trusts, etc) or under the old law,
(ii)	that may reasonably be regarded as analogous to, or within the spirit of, any purposes falling within any of paragraphs (a) to (l) or sub-paragraph (i), or
(iii)	that may reasonably be regarded as analogous to, or within the spirit of, any purposes which have been recognised, under the law relating to charities in England and Wales, as falling within sub-paragraph (ii) or this sub-paragraph.

(2) In subsection (1)—

(a) in paragraph (c), “religion” includes—

(i)	a religion which involves belief in more than one god, and
(ii)	a religion which does not involve belief in a god,

(b) in paragraph (d), “the advancement of health” includes the prevention or relief of sickness, disease or human suffering,

(c) paragraph (e) includes—

(i)	rural or urban regeneration, and
(ii)	the promotion of civic responsibility, volunteering, the voluntary sector or the effectiveness or efficiency of charities,

(d) in paragraph (g), “sport” means sports or games which promote health by involving physical or mental skill or exertion,

(e) paragraph (j) includes relief given by the provision of accommodation or care to the persons mentioned in that paragraph, and

(f) in paragraph (l), “fire and rescue services” means services provided by fire and rescue authorities under Part 2 of the Fire and Rescue Services Act 2004.

(3) Where any of the terms used in any of paragraphs (a) to (l) of subsection (1), or in subsection (2), has a particular meaning under the law relating to charities in England and Wales, the term is to be taken as having the same meaning where it appears in that provision.

(4) In subsection (1) (m) (i), “the old law” means the law relating to charities in England and Wales as in force immediately before 1 April 2008.

4 THE PUBLIC BENEFIT REQUIREMENT

(1) In this Act “the public benefit requirement” means the requirement in section 2(1)(b) that a purpose falling within section 3(1) must be for the public benefit if it is to be a charitable purpose.

(2) In determining whether the public benefit requirement is satisfied in relation to any purpose falling within section 3(1), it is not to be presumed that a purpose of a particular description is for the public benefit.

(3) In this Chapter any reference to the public benefit is a reference to the public benefit as that term is understood for the purposes of the law relating to charities in England and Wales.

(4) Subsection (3) is subject to subsection (2).

Recreational trusts and registered sports clubs

5 RECREATIONAL AND SIMILAR TRUSTS, ETC

(1) It is charitable (and is to be treated as always having been charitable) to provide, or assist in the provision of, facilities for—

(a) recreation, or

(b) other leisure-time occupation,

if the facilities are provided in the interests of social welfare.

(2) The requirement that the facilities are provided in the interests of social welfare cannot be satisfied if the basic conditions are not met.

(3) The basic conditions are—

(a) that the facilities are provided with the object of improving the conditions of life for the persons for whom the facilities are primarily intended, and

(b) that—

(i)	those persons have need of the facilities because of their youth, age, infirmity or disability, poverty, or social and economic circumstances, or
(ii)	the facilities are to be available to members of the public at large or ...

Table of contents

• Front Cover
• Title Page
• Copyright
• Contents
• Guide to the Companion Website
• Alphabetical Index
• Chronological Index
• Statutes
• Prescription Act 1832
• Wills Act 1837
• Common Law Procedure Act 1852
• Wills (Soldiers and Sailors) Act 1918
• Law of Property Act 1922
• Settled Land Act 1925
• Trustee Act 1925
• Law of Property Act 1925
• Land Registration Act 1925
• Administration of Estates Act 1925
• Law of Property (Amendment) Act 1926
• Landlord and Tenant Act 1927
• Law of Property (Entailed Interests) Act 1932
• Leasehold Property (Repairs) Act 1938
• Intestates’ Estates Act 1952
• Charitable Trusts (Validation) Act 1954
• Variation of Trusts Act 1958
• Rights of Light Act 1959
• Perpetuities and Accumulations Act 1964
• Law of Property (Joint Tenants) Act 1964
• Wills Act 1968
• Law of Property Act 1969
• Administration of Justice Act 1970
• Matrimonial Proceedings and Property Act 1970
• Powers of Attorney Act 1971
• Defective Premises Act 1972
• Land Charges Act 1972
• Administration of Justice Act 1973
• Consumer Credit Act 1974
• Inheritance (Provision for Family and Dependants) Act 1975
• Local Land Charges Act 1975
• Rentcharges Act 1977
• Protection from Eviction Act 1977
• Criminal Law Act 1977
• Charging Orders Act 1979
• Limitation Act 1980
• Highways Act 1980
• Senior Courts Act 1981
• Forfeiture Act 1982
• Administration of Justice Act 1982
• County Courts Act 1984
• Landlord and Tenant Act 1985
• Land Registration Act 1986
• Insolvency Act 1986
• Family Law Reform Act 1987
• Landlord and Tenant Act 1988
• Housing Act 1988
• Law of Property (Miscellaneous Provisions) Act 1989
• Access to Neighbouring Land Act 1992
• Law of Property (Miscellaneous Provisions) Act 1994
• Landlord and Tenant (Covenants) Act 1995
• Treasure Act 1996
• Family Law Act 1996
• Party Wall etc Act 1996
• Trusts of Land and Appointment of Trustees Act 1996
• Human Rights Act 1998
• Trustee Delegation Act 1999
• Contracts (Rights of Third Parties) Act 1999
• Trustee Act 2000
• Land Registration Act 2002
• Commonhold and Leasehold Reform Act 2002
• Civil Partnership Act 2004
• Perpetuities and Accumulations Act 2009
• Marine and Coastal Access Act 2009
• Equality Act 2010
• Mortgage Repossessions (Protection of Tenants etc) Act 2010
• Charities Act 2011
• Thematic Index