National Audit Office - Charity Commission: The Regulatory Effectiveness of the Charity Commossion - HC 813

National Audit Office - Charity Commission: The Regulatory Effectiveness of the Charity Commossion - HC 813

Author: Great Britain: National Audit Office

Publisher: The Stationery Office

Published: 2013-12-04

Total Pages: 52

ISBN-13: 9780102987164

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The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.


Book Synopsis National Audit Office - Charity Commission: The Regulatory Effectiveness of the Charity Commossion - HC 813 by : Great Britain: National Audit Office

Download or read book National Audit Office - Charity Commission: The Regulatory Effectiveness of the Charity Commossion - HC 813 written by Great Britain: National Audit Office and published by The Stationery Office. This book was released on 2013-12-04 with total page 52 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charity Commission is not regulating charities effectively and there is a gap between what the public expects of the Commission and what it actually does. The NAO has concluded that the Commission does not do enough to identify and tackle abuse of charitable status. Between 2007-08 and 2013-14, the Commission's annual budget fell 40 per cent in real terms to £22.7 million but the number of main registered charities has remained fairly constant at around 160,000. In response to budget cuts, the Commission has reviewed how it works and successfully reduced demand for its services, but it has not identified what budget it would need to regulate effectively. The Commission makes little use of its enforcement powers, for example suspending only two trustees and removing none in 2012-13. And it can be slow to act when investigating regulatory concerns. The NAO found cases where periods of several months passed during which the Commission took no action. Furthermore, the Charity Commission does not take tough enough action in some of the most serious regulatory cases. It is also reactive rather than proactive, making insufficient use of the information it holds to identify risk. The Charity Commission needs to think radically about alternative ways of meeting its objectives with constrained resources. It also needs to make greater use of its statutory powers in line with its objective of maintaining confidence in the sector; and develop an approach to identify and deal with those few trustees who deliberately abuse charitable status. This report publishes alongside another NAO report, the Cup Trust.

National Audit Office - Charity Commission: The Cup Trust - HC 814

National Audit Office - Charity Commission: The Cup Trust - HC 814

Author: Great Britain: National Audit Office

Publisher: The Stationery Office

Published: 2013-12-04

Total Pages: 32

ISBN-13: 9780102987171

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The Charity Commission did not properly consider whether The Cup Trust met the key legal requirement of being within the jurisdiction of the High Court of England and Wales before registering it as a charity in 2009, and was slow in handling the case. Earlier this year, the Public Accounts Committee concluded that The Cup Trust had been set up as a tax avoidance scheme. The Cup Trust submitted claims for £46 million Gift Aid on £176 million of payments from participants to the scheme, but gave just £152,292 to charitable causes between April 2009 and March 2013. The Gift Aid claims have not been paid. The Charity Commission did not give sufficient consideration to issues which might have enabled it to open a statutory inquiry into the Cup Trust in March 2011, and that it was slow to appreciate the potential impact of the case on public confidence in charities, which it has a statutory duty to increase. The Charity Commission did not take sufficient account of the scale and nature of the tax avoidance scheme in its case strategy, was narrowly focused on the legal position and paid insufficient attention to the wider issues of public detriment, which it would have been appropriate to pursue further.


Book Synopsis National Audit Office - Charity Commission: The Cup Trust - HC 814 by : Great Britain: National Audit Office

Download or read book National Audit Office - Charity Commission: The Cup Trust - HC 814 written by Great Britain: National Audit Office and published by The Stationery Office. This book was released on 2013-12-04 with total page 32 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Charity Commission did not properly consider whether The Cup Trust met the key legal requirement of being within the jurisdiction of the High Court of England and Wales before registering it as a charity in 2009, and was slow in handling the case. Earlier this year, the Public Accounts Committee concluded that The Cup Trust had been set up as a tax avoidance scheme. The Cup Trust submitted claims for £46 million Gift Aid on £176 million of payments from participants to the scheme, but gave just £152,292 to charitable causes between April 2009 and March 2013. The Gift Aid claims have not been paid. The Charity Commission did not give sufficient consideration to issues which might have enabled it to open a statutory inquiry into the Cup Trust in March 2011, and that it was slow to appreciate the potential impact of the case on public confidence in charities, which it has a statutory duty to increase. The Charity Commission did not take sufficient account of the scale and nature of the tax avoidance scheme in its case strategy, was narrowly focused on the legal position and paid insufficient attention to the wider issues of public detriment, which it would have been appropriate to pursue further.

HL 108, HC 813 - Draft Protection of Charities Bill

HL 108, HC 813 - Draft Protection of Charities Bill

Author: The Stationery Office

Publisher: The Stationery Office

Published: 2015

Total Pages: 126

ISBN-13: 0108557715

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The Committee supports the proposal to introduce a power for the Commission to issue a statutory warning to a charity as a useful tool that falls in between issuing guidance and the opening of an inquiry. The statutory warning process should include safeguards on the face of the Bill including limiting the circumstances in which a warning could be ......


Book Synopsis HL 108, HC 813 - Draft Protection of Charities Bill by : The Stationery Office

Download or read book HL 108, HC 813 - Draft Protection of Charities Bill written by The Stationery Office and published by The Stationery Office. This book was released on 2015 with total page 126 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Committee supports the proposal to introduce a power for the Commission to issue a statutory warning to a charity as a useful tool that falls in between issuing guidance and the opening of an inquiry. The statutory warning process should include safeguards on the face of the Bill including limiting the circumstances in which a warning could be ......

Debates in Charity Law

Debates in Charity Law

Author: John Picton

Publisher: Bloomsbury Publishing

Published: 2020-05-14

Total Pages: 288

ISBN-13: 1509926852

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Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.


Book Synopsis Debates in Charity Law by : John Picton

Download or read book Debates in Charity Law written by John Picton and published by Bloomsbury Publishing. This book was released on 2020-05-14 with total page 288 pages. Available in PDF, EPUB and Kindle. Book excerpt: Charitable organisations occupy a central place in society across much of the world, accounting for billions of pounds in revenue. As society changes, so does the law which regulates nonprofit organisations. From independent schools to foodbanks, they occupy a broad policy space. Not immune to scandals, sometimes nonprofits are in the news for all the wrong reasons and so, when they are in the public eye, regulators must respond to high profile cases. In this book, a team of internationally recognised charity law experts offers a modern take on a fast-changing policy field. Through the concept of policy debates it moves the field forward, providing an important reference point for developing scholarship in charity law and policy. Each chapter explores a policy debate, setting out the fault-lines in play, and often offering proposals for reform. Two important themes are explored in this edited collection. First, there is a policy tension in charity law between its largely conservative history and the need to keep up-to-date with social change. This pressure is felt acutely along key fault-lines, such as the extent to which a body of law which developed before the advent of legislated human rights is able to adapt to a rights-based world, and the extent to which independent schools – historically so closely linked with charity – might deserve their generous tax-breaks. The second theme explores the law from the perspective of a good-faith regulator, concerned to maximise the usefulness of charities. From the need to reform old organisations, to the need to ensure that charities enjoy the right amount of regulatory freedom in a world of payment-by-result contracts, the book critically charts the policy justifications for regulatory intervention, as well as the costs that such intervention might bring. Debates in Charity Law will be of interest to both academic researchers and students of the non-profit sector, looking to understand the links between law, social change and regulation. It will also help and guide nonprofit employees and volunteers, showing how their sector is shaped and moulded by the law.

Charity Management

Charity Management

Author: Sarah Mitchell

Publisher: Routledge

Published: 2021-07-28

Total Pages: 216

ISBN-13: 1000410021

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Britain faces challenges that weren’t imaginable thirty years ago, challenges which charities, rooted as they are in community action and the public good, should be ideally suited to tackle. But the charity sector seems paralysed. Even after a decade of cuts and immense social and environmental disruption charities are still fighting hard to maintain business as usual. To develop new responses to our changing world the charity sector desperately needs to reinvent itself, radically re-engaging with communities and developing powerful and scalable responses to the challenges facing the UK in the coming decades. What are the ties that bind charities, rendering them unable to re-invent themselves and to re-imagine their services, even when they face existential crises? This book explores how charities in the UK really operate, as seen through the eyes of people who work in and with charities, and investigates what holds charities back from change. It demonstrates what we can learn from entrepreneurship and market disruption in the private sector, and points to ways in which the sector can re-imagine what it does and how it does this. It presents a new ambition for charities to break free of their history and imagine a new role for themselves in shaping the future for our society. Presenting a new ambition for charities to imagine a new role for themselves in shaping the future for our society, this volume is especially valuable for academics and professionals in the fields of charity and non-profit management, organisational change, and strategic management.


Book Synopsis Charity Management by : Sarah Mitchell

Download or read book Charity Management written by Sarah Mitchell and published by Routledge. This book was released on 2021-07-28 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Britain faces challenges that weren’t imaginable thirty years ago, challenges which charities, rooted as they are in community action and the public good, should be ideally suited to tackle. But the charity sector seems paralysed. Even after a decade of cuts and immense social and environmental disruption charities are still fighting hard to maintain business as usual. To develop new responses to our changing world the charity sector desperately needs to reinvent itself, radically re-engaging with communities and developing powerful and scalable responses to the challenges facing the UK in the coming decades. What are the ties that bind charities, rendering them unable to re-invent themselves and to re-imagine their services, even when they face existential crises? This book explores how charities in the UK really operate, as seen through the eyes of people who work in and with charities, and investigates what holds charities back from change. It demonstrates what we can learn from entrepreneurship and market disruption in the private sector, and points to ways in which the sector can re-imagine what it does and how it does this. It presents a new ambition for charities to break free of their history and imagine a new role for themselves in shaping the future for our society. Presenting a new ambition for charities to imagine a new role for themselves in shaping the future for our society, this volume is especially valuable for academics and professionals in the fields of charity and non-profit management, organisational change, and strategic management.

The 'New' Public Benefit Requirement

The 'New' Public Benefit Requirement

Author: Mary Synge

Publisher: Bloomsbury Publishing

Published: 2015-08-27

Total Pages: 280

ISBN-13: 1509901531

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This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.


Book Synopsis The 'New' Public Benefit Requirement by : Mary Synge

Download or read book The 'New' Public Benefit Requirement written by Mary Synge and published by Bloomsbury Publishing. This book was released on 2015-08-27 with total page 280 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book examines the 'public benefit requirement', which provides that a charity's purposes must be for the public benefit. This requirement was given statutory force by the Charities Act 2006, which also provided that 'public benefit' is to be construed in accordance with existing case law and not presumed. The author examines guidance published by the Charity Commission in 2008 and 2013 and measures its accuracy against principles extrapolated from case law, with a focus on fee-charging charities, and independent schools in particular. She also considers the implementation of the Charity Commission's public benefit assessments of independent schools during 2008–10. The book offers a comparative study of the law relating to public benefit in Scotland and presents an analysis of the decision of the Upper Tribunal (Tax and Chancery) in proceedings brought by the Independent Schools Council and Attorney General in 2011. It also considers subsequent reviews of the 2006 Act by Lord Hodgson and the Public Administration Select Committee and the Government's response to those reviews in September 2013. The fact that the law automatically bestows certain privileges on charities, including tax exemptions, means that the charitable status of fee-paying schools has proved particularly contentious and was described by Lord Campbell-Savours as making 'an absolute nonsense' of charity law. Here, the author asks whether the public benefit requirement, as enacted and interpreted, has succeeded in bringing any sense to our law of charity in recent years.

Regulating Charities

Regulating Charities

Author: Myles McGregor-Lowndes

Publisher: Taylor & Francis

Published: 2017-04-07

Total Pages: 317

ISBN-13: 1317190599

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In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.


Book Synopsis Regulating Charities by : Myles McGregor-Lowndes

Download or read book Regulating Charities written by Myles McGregor-Lowndes and published by Taylor & Francis. This book was released on 2017-04-07 with total page 317 pages. Available in PDF, EPUB and Kindle. Book excerpt: In this volume charity commissioners and leading charity policy reformers from across the world reflect on the aims and objectives of charity regulation and what it has achieved. Regulating Charities represents an insider’s review of the last quarter century of charity law policy and an insight for its future development. Charity Commissioners and nonprofit regulatory agency heads chart the nature of charity law reforms that they have implemented, with a ‘warts and all’ analysis. They are joined by influential sector reformers who assess the outcomes of their policy agitation. All reflect on the current state of charities in a fiscally restrained environment, often with conservative governments, and offer their views on productive regulatory paths available for the future. This topical collection brings together major charity regulation actors, and will be of great interest to anyone concerned with contemporary third sector policy-making, public administration and civil society.

Charity Law and Accumulation

Charity Law and Accumulation

Author: Ian Murray

Publisher: Cambridge University Press

Published: 2021-08-05

Total Pages: 331

ISBN-13: 110849059X

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An evaluation of intergenerational justice in charity law.


Book Synopsis Charity Law and Accumulation by : Ian Murray

Download or read book Charity Law and Accumulation written by Ian Murray and published by Cambridge University Press. This book was released on 2021-08-05 with total page 331 pages. Available in PDF, EPUB and Kindle. Book excerpt: An evaluation of intergenerational justice in charity law.

The Palgrave Handbook of Criminal and Terrorism Financing Law

The Palgrave Handbook of Criminal and Terrorism Financing Law

Author: Colin King

Publisher: Springer

Published: 2018-05-04

Total Pages: 1260

ISBN-13: 331964498X

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The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.


Book Synopsis The Palgrave Handbook of Criminal and Terrorism Financing Law by : Colin King

Download or read book The Palgrave Handbook of Criminal and Terrorism Financing Law written by Colin King and published by Springer. This book was released on 2018-05-04 with total page 1260 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Palgrave Handbook of Criminal and Terrorism Financing Law focuses on how criminal and terrorist assets pose significant and unrelenting threats to the integrity, security, and stability of contemporary societies. In response to the funds generated by or for organised crime and transnational terrorism, strategies have been elaborated at national, regional, and international levels for laws, organisations and procedures, and economic systems. Reflecting on these strands, this handbook brings together leading experts from different jurisdictions across Europe, America, Asia, and Africa and from different disciplines, including law, criminology, political science, international studies, and business. The authors examine the institutional and legal responses, set within the context of both policy and practice, with a view to critiquing these actions on the grounds of effective delivery and compliance with legality and rights. In addition, the book draws upon the experiences of the many senior practitioners and policy-makers who participated in the research project which was funded by a major Arts and Humanities Research Council grant. This comprehensive collection is a must-read for academics and practitioners alike with an interest in money laundering, terrorism financing, security, and international relations.

The Stationery Office Annual Catalogue

The Stationery Office Annual Catalogue

Author: Stationery Office (Great Britain)

Publisher:

Published: 2013

Total Pages: 574

ISBN-13:

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Book Synopsis The Stationery Office Annual Catalogue by : Stationery Office (Great Britain)

Download or read book The Stationery Office Annual Catalogue written by Stationery Office (Great Britain) and published by . This book was released on 2013 with total page 574 pages. Available in PDF, EPUB and Kindle. Book excerpt: