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In the rest of this Act, “charitable purposes” means, except in so far as the |
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context otherwise requires, purposes which are exclusively charitable |
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purposes (as defined by section 2(1)). |
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12 | Directions as to what is (or is not) a separate charity |
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(1) | The Commission (see section 13) may direct that for all or any of the purposes |
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of this Act an institution established for any special purposes of or in |
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connection with a charity (being charitable purposes) is to be treated— |
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(a) | as forming part of that charity, or |
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(b) | as forming a distinct charity. |
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(2) | The Commission may direct that for all or any of the purposes of this Act two |
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or more charities having the same charity trustees are to be treated as a single |
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The Charity Commission and the Official Custodian for Charities |
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13 | The Charity Commission |
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(1) | There continues to be a body corporate known as the Charity Commission for |
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England and Wales (in this Act referred to as “the Commission”). |
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(2) | In Welsh the Commission is known as “Comisiwn Elusennau Cymru a Lloegr”. |
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(3) | The functions of the Commission are performed on behalf of the Crown. |
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(4) | In the exercise of its functions the Commission is not subject to the direction or |
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control of any Minister of the Crown or of another government department. |
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(5) | But subsection (4) does not affect— |
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(a) | any provision made by or under any enactment; |
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(b) | any administrative controls exercised over the Commission’s |
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expenditure by the Treasury. |
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(6) | Schedule 1 contains provisions relating to the Commission. |
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14 | The Commission’s objectives |
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The Commission has the following objectives— |
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| | The public confidence objective |
| | | | | The public confidence objective is to increase public trust and |
| | | | | | | | | | The public benefit objective |
| | | | | The public benefit objective is to promote awareness and |
| | 35 | | | understanding of the operation of the public benefit requirement. |
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| | | | | | | The compliance objective is to promote compliance by charity trustees |
| | | | | with their legal obligations in exercising control and management of |
| | | | | the administration of their charities. |
| | | | | The charitable resources objective |
| | 5 | | | The charitable resources objective is to promote the effective use of |
| | | | | | | | | | The accountability objective |
| | | | | The accountability objective is to enhance the accountability of charities |
| | | | | to donors, beneficiaries and the general public. |
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15 | The Commission’s general functions |
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(1) | The Commission has the following general functions— |
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| | | Determining whether institutions are or are not charities. |
| | | | | Encouraging and facilitating the better administration of charities. |
| | | | | | Identifying and investigating apparent misconduct or mismanagement |
| | 15 | | | in the administration of charities and taking remedial or protective |
| | | | | action in connection with misconduct or mismanagement in the |
| | | | | administration of charities. |
| | | | | Determining whether public collections certificates should be issued, |
| | | | | and remain in force, in respect of public charitable collections. |
| | 20 | | | Obtaining, evaluating and disseminating information in connection |
| | | | | with the performance of any of the Commission’s functions or meeting |
| | | | | | | | | | Giving information or advice, or making proposals, to any Minister of |
| | | | | the Crown on matters relating to any of the Commission’s functions or |
| | 25 | | | meeting any of its objectives. |
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(2) | The Commission may, in connection with its second general function, give |
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such advice or guidance with respect to the administration of charities as it |
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(3) | Any advice or guidance so given may relate to— |
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(b) | any class of charities, or |
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(c) | any particular charity, |
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| and may take such form, and be given in such manner, as the Commission |
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(4) | The Commission’s fifth general function includes (among other things) the |
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maintenance of an accurate and up-to-date register of charities under sections |
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29 (the register) and 34 (removal of charities from register). |
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(5) | The Commission’s sixth general function includes (among other things) |
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complying, so far as is reasonably practicable, with any request made by a |
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Minister of the Crown for information or advice on any matter relating to any |
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(6) | In this section “public charitable collection” and “public collections certificate” |
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have the same meaning as in Chapter 1 of Part 3 of the Charities Act 2006. |
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16 | The Commission’s general duties |
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The Commission has the following general duties— |
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| | So far as is reasonably practicable the Commission must, in performing |
| | | | | its functions, act in a way— |
| | 10 | | | (a) | which is compatible with its objectives, and |
| | | | | (b) | which it considers most appropriate for the purpose of meeting |
| | | | | | | | | | So far as is reasonably practicable the Commission must, in performing |
| | | | | its functions, act in a way which is compatible with the encouragement |
| | 15 | | | | | | | | (a) | all forms of charitable giving, and |
| | | | | (b) | voluntary participation in charity work. |
| | | | | In performing its functions the Commission must have regard to the |
| | | | | need to use its resources in the most efficient, effective and economic |
| | 20 | | | | | | | | In performing its functions the Commission must, so far as relevant, |
| | | | | have regard to the principles of best regulatory practice (including the |
| | | | | principles under which regulatory activities should be proportionate, |
| | | | | accountable, consistent, transparent and targeted only at cases in which |
| | 25 | | | | | | | | In performing its functions the Commission must, in appropriate cases, |
| | | | | have regard to the desirability of facilitating innovation by or on behalf |
| | | | | | | | | | In managing its affairs the Commission must have regard to such |
| | 30 | | | generally accepted principles of good corporate governance as it is |
| | | | | reasonable to regard as applicable to it. |
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17 | Guidance as to operation of public benefit requirement |
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(1) | The Commission must issue guidance in pursuance of its public benefit |
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objective (see paragraph 2 of section 14). |
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(2) | The Commission may from time to time revise any guidance issued under this |
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(3) | The Commission must carry out such public and other consultation as it |
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(a) | before issuing any guidance under this section, or |
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(b) | (unless it considers that it is unnecessary to do so) before revising any |
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guidance under this section. |
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(4) | The Commission must publish any guidance issued or revised under this |
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section in such manner as it considers appropriate. |
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(5) | The charity trustees of a charity must have regard to any such guidance when |
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exercising any powers or duties to which the guidance is relevant. |
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18 | Supply by Commission of copies of documents |
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The Commission must, at the request of any person, provide that person with |
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copies of, or extracts from, any document in the Commission’s possession |
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which is for the time being open to or available for inspection under any |
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19 | Fees and other amounts payable to Commission |
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(1) | The Minister may by regulations require the payment to the Commission of |
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such fees as may be prescribed by the regulations in respect of— |
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(a) | the discharge by the Commission of such functions under the |
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enactments relating to charities as may be so prescribed; |
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(b) | the inspection of the register of charities or of other material kept by the |
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Commission under those enactments, or the provision of copies of or |
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extracts from documents so kept. |
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(2) | Regulations under this section may— |
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(a) | confer, or provide for the conferring of, exemptions from liability to pay |
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(b) | provide for the remission or refunding of a prescribed fee (in whole or |
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in part) in circumstances prescribed by the regulations. |
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(3) | The Commission may impose charges of such amounts as it considers |
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reasonable in respect of the supply of any publications produced by it. |
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(4) | Any fees and other payments received by the Commission by virtue of this |
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section are to be paid into the Consolidated Fund. |
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(1) | The Commission may do anything which is calculated to facilitate, or is |
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conducive or incidental to, the performance of any of its functions or general |
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(2) | But nothing in this Act authorises the Commission— |
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(a) | to exercise functions corresponding to those of a charity trustee in |
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relation to a charity, or |
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(b) | otherwise to be directly involved in the administration of a charity. |
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(3) | Subsection (2) does not affect the operation of section 84 or 85 (power of |
| 35 |
Commission to direct specified action to be taken or to direct application of |
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