Table of Contents

Introduction
1: The Meaning of 'Charity'
Definitions
The Meaning of 'Charitable Purpose'
2: The Two-part Test for Charity
Charitable Purposes
Public Benefit
3: The Charity Commission
Establishment of the Charity Commission
The Commission's Objectives, General Functions, and Duties
4: Registration of Charities
The Register of Charities
Registration of Charities
Duties of Trustees in Relation to Registration
Interim Changes in the Threshold for Registration of Small Charities
Changes in Exempt Charities
Increased Regulation of Exempt Charities
General Duty of the Principal Regulator in Relation to Exempt Charities
Charity Commission Duty
Excepted Charities
5: Commission Assistance and Supervision of Charities by Court and Commission
General
The Existing Powers of the Charity Commission
Changes in the Charities Act 2006
6: The Charity Tribunal
General
Introduction of the Tribunal
Section 2A
Legal Aid
Practice and Procedure
Draft Tribunals, Courts and Enforcement Bill
Costs
Composition of the Tribunal
Panels of the Tribunal
Determination of the Appeal
Exceptions to the Right to Apply or Appeal
Determination of the Appeal
Reviews
Amendments
References
Appeal and References
7: Charitable Incorporated Organizations
General
Name and Status
Conversion into a CIO
The Charity Commission's Decision
Conversion of Community Interest Companies
Amalgamation of CIO with Another CIO
Objects Clauses
Transfer of CIO's Undertakings
Further Provisions on a Winding Up
Miscellaneous
Draft Regulations Concerning CIOs
8: Charity Trustees
General
Trustees may Provide Services to a Charity Under Contract
Conditions to be Met when Contracting with a Charity
Trustees, Auditors, and Personal Liability for Breach of Trust
Trustees' Indemnity Insurance
9: Fundraising for Charitable, Benevolent, or Philanthropic Institutions
General
Public Charitable Collections
Other Charitable Appeals
Public Collections Certificates
Short-term Local Collections
Applying for Public Collections Certificates
Withdrawal or Variation of Certificates
Applications for Permits to Conduct Collections in Public Places
Determination of Applications and the Issue of Permits
Amendments to the Existing Provisions
10: Transfer of Property and Mergers
General
Transfers
Permanent Endowment
Mergers
Cy-pres
11: Implementation and Conclusion
APPENDIX
Appendix 1: Charities Act 2006
Appendix 2: The Charity Commission's Approach to Public Benefit
Appendix 3: Charities Act 2006: Implementation Plan

About the Author

Alison Maclennan (Call 1996) is a barrister at Radcliffe Chambers (formerly 11 Old Square), and is listed as a leading junior in Charities Law. She contributes to the Charities volume of Atkins Court Forms, and is on the team of Picarda: Law and Practice Relating to Charities (Butterworths, 4/e due December 2007, £295).; Francesca Quint, Consulting Editor, is also at Radcliffe Chambers (formerly 11 Old Square) She is pre-eminent in the charities field both as
a practitioner and writer - she edits the Charities volume of The Encyclopaedia of Forms & Precedents (LNUK); writes 'Running a Charity' (Jordans); and is an Editor of 'Charities: The Law & Practice'
(loose-leaf, Sweet & Maxwell).