Download Law charitable status by Robert Meakin PDF

By Robert Meakin

This in-depth observation at the Charities Act 2006 outlines the hot specifications for qualifying as a charity and examines the idea that of 'public benefit'. the writer, a former Charity fee attorney who has practised in charity legislations for twenty years, conducts a theoretical and empirical research of the explanations why charitable prestige should be got rid of by way of the Charity fee, appears on the place of charitable estate whilst associations stop to be charitable and examines the most probably influence of the autonomous Charity Tribunal at the appeals method. The post-Act remedy of arguable charities can be explored.

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196 The problem with this general rule was summarised by Scott J in AG v. Ross:197 The skill of Chancery draftsmen is well able to produce a constitution of charitable flavour intended to allow the pursuit of aims of a non-charitable or dubiously charitable flavour. There are a number of exceptions to this general rule which give the court greater scope for looking at activities to determine whether purposes are charitable. The objects could be ambiguous.

Nathan The Charities Act 1960, 1st edn (London: Butterworths, 1962) p. 25. 62 The Nathan Report Cm 9538. S. 46(1) Charities Act 1960. Hart v. J. Ex 200; Steven v. Bromley & Son [1919] 2 KB 722. S. 52(1) Law of Property Act 1925. S. 2 Law of Property (Miscellaneous Provisions) Act 1989. Re Koeppler’s Will Trusts [1985] 2 All ER 869 per Slade LJ at 874. 67 It is therefore submitted that where a charitable ‘undertaking’ is contractual the court would probably construe property as also held subject to charitable trusts.

See Chapter 1, pp. 1–4. See Boddington v. British Transport Police [1999] 2 AC 143 at 171 per Lord Steyn for an authority for the proposition that public authorities must act within their powers. As for other enactments see, for example, the Charities Act 1992. Essential indicia of charitable status the court or legislation. 181 Ultimately the question of what are ‘charitable purposes’ is one for Parliament or the Court to resolve. Prior to the Charities Act 2006182 there was so little legislation183 and so few cases184 that charitable status was shaped by the process of registration conducted by the Commission.

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