The Charities Bill

1. The Charities Bill

2. Charities Bill Introduction September 2002 "Private Action, Public Benefit". September 2002 to January 2003 Public consultation July 2003 "Charities and Not-for-Profits: a Modern Legal Framework" 27 May 2004 Bill published for scrutiny 30 September 2004 The Joint Committee's report 21 December 2004 Government's response

3. Charities Bill Definition Preamble to the Statute of Charitable Uses 1601 (Statute of Elizabeth I) Charity means an institution, which is established for charitable purposes only (Clause 1)

4. Charities Bill Definition A charitable purpose is for the public benefit and 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 (e) The advancement of citizenship or community (f) The advancement of the arts, culture, heritage or science; (g) The advancement of amateur sport (physical skill and exertion); (h) The advancement of human rights & religious or racial harmony; (i) The advancement of environmental protection or improvement; (j) The relief of those in need (age, health, etc) (k) The advancement of animal welfare (Clause 2)

5. Charities Bill Definition The Charity Commission will issue guidance as to operation of public benefit requirement (Clause 4)

6. Charities Bill The Charity Commission A new body corporate

7. Charities Bill The Charity Commission The Commission objectives are� 1. Public confidence 2. Public benefit 3. Compliance 4. Charitable resources 5. Accountability

8. Charities Bill The Charity Commission The Commission's general functions are� 1. Determination of charities. 2. Encouraging & facilitating better charity administration 3. Identifying and investigating misconduct or mismanagement of charities 4. Determination of public collections certificates 5. Obtaining, evaluating and disseminating information. 6. Give information or advice the Crown

9. Charities Bill The Charity Commission The Commission's general duties are� 1. Act in a way which is (a) compatible and (b) appropriate to its objectives 2. Act in a way, which is compatible with the encouragement of� (a) All forms of charitable giving, and (b) Voluntary participation in charity work. 3. Use its resources efficiently, effectively and economicly. 4. Manage its affairs according to principles of good corporate governance

10. Charities Bill The Charity Appeal Tribunal Comply with Article 6

11. Charities Bill Registration of Charities Every charity must be registered except: any exempt charity (see below) any charity which is permanently or temporarily excepted by order of the Commission, and whose gross income does not exceed �100,000 any charity which is permanently or temporarily excepted by regulations made by the Secretary of State and whose gross income does not exceed �100,000 any charity whose gross income does not exceed �5,000

12. Charities Bill A charitable appeal is not a public charitable collection if : made in the course of a public meeting, or on land within a churchyard or burial ground or adjacent to a place of public worship or occupied for the purposes of a place of public worship or enclosed or substantially enclosed (whether by any wall or building or otherwise) or to which members of the public have access only by virtue of the express or implied permission of the occupier of the land and the occupier is the promoter of the collection or to give money or property by placing in an unattended receptacle

13. Charities Bill Public Collections A collection in a public place is a collection for a charitable appeal that is made in a public place A door to door collection is a public collection for a charitable appeal that is made by means of visits to houses or business premises (or both) A charitable appeal means an appeal to members of the public to give money or other property which is made in association with a representation that the whole or any part of its proceeds is to be applied for charitable, benevolent or philanthropic purposes

14. Charities Bill Public Collections A collection in a public place must not be conducted unless the promoters of the collection hold: a public collections certificate and a permit from the local authority in whose area the collection is to take place. A door to door collection must not be conducted unless the promoters of the collection: hold a public collections certificate in and have within the prescribed period before the date on which the collection commences notified the local authority in whose area the collection is to take place

15. Charities Bill Public Collection Certificates Determination of applications by the Charity Commissioners Make inquiries Issue or refuse certificate for up to 5 years may to attach conditions.

16. Charities Bill Public Collection Certificates Grounds for refusal a) The applicant has been convicted of an offence related to collections for charitable purposes b) The applicant is a person other than a charitable, benevolent or philanthropic institution for whose benefit the collection is proposed. c) The applicant has not act with due diligence in relation to another collection d) The Commission is not satisfied that the applicant will exercise due diligence in relation to this collection e) The amount likely to be applied to charitable purposes as a consequence of the collection would be inadequate regarding the amount likely to be collected f) It appears to the Commission that the applicant would receive an excessive amount in remuneration g) The applicant has failed to provide information or has provided false or misleading information.

17. Charities Bill Public Collection Certificates Grounds for refusal A public charitable collection is an exempt collection if� (a) The appeal is local in character (b) The appeal is conducted within the prescribed period of time (c) The promoters have notified the local authority in whose area it is to be conducted within the prescribed period before the day on which the collection commences

18. Charities Bill Public Collection Certificates Withdrawal, addition or variation of certificates by the Charity Commissioners

19. Charities Bill Public Collection Permits and Notifications Determination of applications by Local Authorities The application for a permit must� (a) Specify the date or dates in respect of which it is desired that the permit, if issued, should have effect (which, in the case of two or more dates, must not span a period of more than 12 months); (b) Be accompanied by a copy of the public collections certificate issues by the Charity Commissioners in respect of the proposed collection; and (c) Contain such information as may be prescribed.

20. Charities Bill Public Collection Permits and Notifications Determination of applications by Local Authorities A local authority may attach conditions� (a) Specifying the day of the week, date, time or frequency of the collection; (b) Specifying the locality or localities within their area in which the collection may be conducted; (c) Regulating the manner in which the collection is to be conducted.

21. Charities Bill Public Collection Permits and Notifications Determination of applications by Local Authorities Where a local authority� (a) Refuse to issue a permit, or (b) Attach any condition to it, They must serve on the applicant written notice of their decision and the reasons for their decision.

22. Charities Bill Public Collection Permits and Notifications Grounds for refusing permits A local authority may refuse an application because � (a) It appears to them that the collection would cause undue inconvenience to members of the public by reason of� (i) The day of the week or date on which, (ii) The time at which, (iii) The frequency with which, or (iv) The locality or localities in which, it is to be conducted (b) That the collection is to be conducted on a day on which another collection is to be conducted or on the day immediately before, or after, any such day.

23. Charities Bill Public Collection Permits and Notifications Grounds for refusing permits A local authority must not, however, refuse to issue such a if it appears to them� (a) That the collection would be conducted only in one location, which is on land to which members of the public would have access only by virtue of the express or implied permission of the occupier of the land, and (b) That the occupier of the land consents to the collection being conducted there and for this purpose �the occupier�, in relation to unoccupied land, means the person entitled to occupy it. (Clause 57)

24. Charities Bill Public Collection Permits and Notifications Withdrawal, addition or variation of permits by Local Authorities

25. Charities Bill Public Collection Permits and Notifications Appeals against decisions of local authority There is a right of appeal to the magistrates' courts against a local authority decision. (Clause 59)

26. Charities Bill Go to the Charities Web site: (Click on address below) http://www.charity-commission.gov.uk/ You will see at a list of the right hand side of the home page - not the following items: The Charity Register Inquiry Reports Registering as a charity How to be an effective Trustee - information. Charities Bill Update - dissertation!?