News

Changes afoot in Charity Law

  • July 01, 2015
  • By Hunters Law

The Charities (Protection and Social Investment) Bill (‘the Bill’) received its first reading in the House of Lords on 28th May 2015.  Its provisions confer greater powers on the Charity Commission.

At present, s.178 Charities Act 2011 sets out the situations in which charity trustees will be automatically disqualified.  Under s.10 of the Bill, the Charity Commission would have additional powers to disqualify someone from acting as a trustee of a charity.  A new s.181A Charities Act 2011 provides that the Charity Commission will be able to make a disqualification order against a person (effective for not more than 15 years) if:

  • they are unfit to be a trustee;
  • the order is desirable in the public interest; and
  • at least one of the six conditions set out in the Bill applies.

The Charity Commission has published a policy paper with its initial thoughts on the use it plans to make of the proposed disqualification power and intends to produce final guidance following a public consultation.

Also included in the Bill are powers for the Charity Commission to issue formal warnings to charities that breach charity law and powers for charities to make social investments.  The latter are described as ‘acts carried out with a view both to directly furthering the charity’s purposes and achieving a financial return for the charity’.  Safeguards to ensure that the social investment is in the interests of the charity have been included in the Bill.

For more information, please contact a partner in the Charity Law or Private Client team.

Related News

Sep 16, 2021
Paul Ridout discusses whether social enterprise clients would be better off as charities in Lawyer Monthly
Aug 25, 2021
Paul Ridout discusses corporate charitable structures
Aug 24, 2021
Paul Ridout comments on a recent survey revealing why trustees are more inclined to rely on fellow trustees for help, as opposed to seeking support from the Charity Commission, in Charity Times
Aug 05, 2021
Hunters Law expands its Charity Department, welcoming a new Partner and an International Development Consultant
May 06, 2020
Dominik Opaliński examines why protecting a charity’s assets is now more important than ever
Nov 02, 2018
Hunters featured in CLH News for sponsoring a charity boxing fundraiser
Oct 04, 2018
Dominik Opaliński discusses combatting insider fraud in the Charity Sector in The Times Law Brief
Sep 24, 2018
Dominik Opaliński examines combatting fraud in the charity sector in NatWest ContentLive
Apr 30, 2018
Hunters to participate in London Legal Walk 2018 in support of its Charity of the Year: The Trussell Trust
Apr 16, 2018
The Trussell Trust, Hunters’ Charity of the Year, announces the Tour de Trussell is now live and registration is open

© Hunters Law LLP 2021 | Privacy NoticeLegal & Regulatory | Cookies Policy | Complaints Procedure.

Hunters Law LLP is authorised and regulated by the Solicitors Regulation Authority (number 657218)