This in-depth commentary on the Charities Act 2006 outlines the new requirements for qualifying as a charity and examines the concept of 'public benefit'. The author, a former Charity Commission lawyer who has practised in charity law for 20 years, conducts a theoretical and empirical analysis of the reasons why charitable status might be removed by the Charity Commission, looks at the position of charitable property when institutions cease to be charitable and examines the likely effect of the independent Charity Tribunal on the appeals process. The post-Act treatment of controversial charities is also explored.
Robert Meakin is a partner in Stone King Sewell LLP. He was formerly a lawyer at the Charity Commission and has over 20 years experience in charity law and practice. He holds a Ph.D. in charity law and is a visiting lecturer at Cambridge University.
1. Introduction; 2. Essential indicia of charitable status; 3. The powers of the Commission to Remove charities from the register; 4. Limits on the Commission's powers to remove controversial charities from the register; 5. Property; 6. The Charity Commission's powers of investigation and use of those powers to remove charities from the register; 7. How the Commission's powers to remove charities from the register may be affected by changes to the law of charitable status; 8. Grounds for appeal; 9. Conclusion.